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HomeMy WebLinkAbout03-18-19-SRMayor: It David Grant Councilmembers: ,-AEN HILLS Brenda Holden Special Regular City Council Fran Holmes Agenda Dave McClung March 18, 2019 Steve Scott Immediately following Work Session City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well-maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. APPROVAL OF AGENDA 2. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 2.A. Motion To Approve WSB Agreement For Professional Engineering Services Related To TCAAP Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 2.B. Motion To Approve WSB Agreement For Interim Public Works Director/City Engineer Services Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 2.C. Motion To Authorize Appointment Of Building Inspector Dave Perrault, City Administrator Documents: MEMO.PDF 2.D. Motion To Approve Resolution 2019-008 Entering Into A Host Site Agreement With The Minnesota Pollution Control Agency And GreenCorps Program Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 3. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 4. NEW BUSINESS 5. UNFINISHED BUSINESS 6. COUNCIL COMMENTS ADJOURN CONSENT ITEM — 2A , VN HILLS MEMORANDUM DATE: March 18, 2019 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: WSB Agreement for Professional Engineering Services Related to TCAAP Budgeted Amount: Estimated Amount: Funding Source: $65,000 $22,000 General Fund - TCAAP Council Should Consider Council should consider approving the attached contract with WSB for professional engineering services on the TCAAP project. Background With the Public Works Director/City Engineer vacancy the City will need professional engineering support on the TCAAP project. As Sue Polka has been working on TCAAP for the City, the attached contract (see Attachment A) will provide for Sue to continue to work with the City on TCAAP as a consultant. This will help ensure continuity on the project, and help to retain institutional knowledge. Attachment Attachment A: WSB Agreement for TCAAP Support 2 0 U C� z w m 0 00 a M zT L0 z 2 ui J 0 a W z z 75 0 0 W H D rn T Attachment A wSb March 11, 2019 Mr. Dave Perrault City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Proposal to Provide Professional Engineering Services TCAAP Development Review, Support and Administration Dear Dave: On behalf of WSB, we are pleased to submit this proposal to provide development review, support and administration services for the proposed TCAAP Development. We have developed an approach based on our understanding of your needs as well as our familiarity with the City and the TCAAP Development. Our approach includes the following: • WSB Representative — Ms. Sue Polka, Senior Project Manager. • Attend TCAAP development meetings as requested and necessary. • Coordinate and represent City interests and direction to TCAAP development team. • Coordinate and communicate City goals and standards to TCAAP development team. • Provide weekly updates of activities to City Administrator via e-mail. • Provide regular reports to the City Council. Sue will work with you, and other City staff as directed, to address specific City issues and needs. This list is not all-inclusive, nor is it meant to be. Basis of Compensation We propose to complete the services described above on an hourly basis at WSB's standard hourly rates. Ms. Polka's 2019 hourly rate is $166/hour. Start Date We propose to complete this work under the terms and conditions of the Professional Services Agreement for General Services, dated February 12, 2018. If you have any questions for concerns, please contact me at 612-271-4576 Thank you for the continued opportunity to serve the City of Arden Hills. C:\Users\dave.perrault\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\V2PGKNAT\20190311 D Perrault PROP TCAAP Services w signature block.docx Mr. Dave Perrault March 11, 2019 Page 2 Sincerely, WSB Andrew J. Brotzler, PE Principal/Senior Project Manager ACCEPTED BY: CITY OF ARDEN HILLS, MN Signature: Name: Title: Date: C:\Users\dave.perrault\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\V2PGKNAT\20190311 D Perrault PROP TCAAP Services w signature block.docx CONSENT ITEM — 2B , AZEN HILLS MEMORANDUM DATE: March 18, 2019 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: WSB Agreement for Interim Public Works Director/City Engineer Services Budgeted Amount: Estimated Amount: Funding Source: $19,000 $15,000 Salary Split Council Should Consider Council should consider approving the attached contract with WSB for interim Public Works Director/City Engineer services. Background With the Public Works Director/City Engineer vacancy the City will need interim Public Works Director/City Engineer services until a new person can be hired. The attached contract (see Attachment A) will have Sue Polka provide those services for the City on a consulting basis. This agreement will ensure the City still has necessary Public Works Director/City Engineer services during the search for a replacement, and facilitate in the transition when a new person is hired. Attachment Attachment A: WSB Agreement for Interim Public Works Director/City Engineer Services 2 0 U C� Z W m E 0 00 M Z 2 Cli J 0 a a LU Z Z 5 0 0 M W D rn T Attachment A wsb March 6, 2019 Mr. Dave Perrault City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Proposal to Provide Professional Engineering Services Interim Director of Public Works/City Engineer Dear Dave: On behalf of WSB, we are pleased to submit this proposal to provide Interim Director of Public Works/City Engineer services to the City of Arden Hills. We anticipate providing staff to fill the role starting on or after March 18, 2019 and will continue to serve the City until a new Director of Public Works/City Engineer is hired. We have developed an approach based on our understanding of your needs as well as our familiarity with the City. Our approach includes the following: Proposed Interim Director of Public Works/City Engineer We propose to assign Sue Polka as the Interim Director of Public Works/City Engineer for the City of Arden Hills. Sue's experience the past two years as both the city's contract and full-time Director or Public Works/City Engineer will allow Sue to provide continuity for the department and city during the city's recruitment for a new Director of Public Works/City Engineer. Sue will work with you, and other City staff as directed, to address specific City issues and needs. We expect to provide the following services to the City based on our discussion last week: Scope of Services for Interim Director of Public Works/City Engineer • Staff coordination and direction. • Attendance at weekly Department Head meetings. • Attendance at weekly Public Works meetings. • Attendance at City Council meetings on an as -needed basis. • Provide office hours on a specified schedule for regular and predictable availability, as well as flexibility to schedule additional meetings as needed. • Communicate all necessary information to the City Administrator regarding the Engineering and Public Works operations. This list is not all-inclusive, nor is it meant to be. We are comfortable working with you to prioritize the time spent on specific activities to get the most out of the time allocated to the position. C:\Users\dave.perrault\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\V2PGKNAT\20190306 D Perrault PROP Interim DPWCE w signature block.docx Mr. Dave Perrault March 6, 2019 Page 2 Office Hours Close coordination and communication with the City will be important to make sure that the appropriate amount of time is being allocated to keep important tasks on schedule. From our discussion, Sue will provide 16 hours of on-site office hours each week and can efficiently complete all other tasks while working remotely from WSB. It is proposed that office hours coincide with scheduled Department Head and Public Works meetings. Additional on-site meetings with City Staff, residents, or other agencies will be scheduled as needed. If it is determined that an alternative schedule would be beneficial to the City, we will work with you to adjust as needed. Basis of Compensation Based on the scope items outlined above, we propose to complete the services described above for a monthly retainer of $7,500. This rate would be effective March 18, 2019 until the position is filled or a 30 -day notice is provided by the city. The partial month will be billed at 50% of the monthly retainer and any other partial months will be billed on a pro -rated basis of the monthly retainer. For services that may be requested outside of this scope, we will work with you to develop an individual project specific scopes and fees. Start nett - We propose to have this contract begin March 18, 2019 and to be completed under the terms and conditions of the Professional Services Agreement for General Services, dated February 12, 2018. If you have any questions for concerns, please contact me at 612-271-4576 Thank you for the continued opportunity to serve the City of Arden Hills. Sincerely, TRI lw� Andrew J. Brotzler, PE Principal/Senior Project Manager C:\Users\dave.perrault\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\V2PGKNAT\20190306 D Perrault PROP Interim DPWCE w signature block.docx Mr. Dave Perrault March 6, 2019 Page 3 ACCEPTED BY: CITY OF ARDEN HILLS, MN Signature: Name: Title: Date: C:\Users\dave.perrault\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\V2PGKNAT\20190306 D Perrault PROP Interim DPWCE w signature block.docx CONSENT ITEM —2C , AZEN HILLS MEMORANDUM DATE: March 18, 2019 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Authorization to Building and Code Enforcement Inspector Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should consider appointing Terence Hagstrom as the Building and Code Enforcement Inspector at Grade 12 Step 5 on the compensation scale with all other normal City provided benefits. Background The City of Arden Hills currently has a vacancy for a Building and Code Enforcement Inspector in the Community Development Department. The City received twenty applicants for the position, and interviewed four candidates. Following the recruitment process Mr. Hagstrom was identified as the best candidate. Attachment 0 CONSENT ITEM —21) , AZEN HILLS MEMORANDUM DATE: March 18, 2019 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2019-008 Minnesota GreenCorps Host Site Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The Council should consider approving Resolution 2019-008 authorizing the City to enter into a Host Site Agreement with the Minnesota Pollution Control Agency (MCPA) and Minnesota GreenCorps Program. Background The City Council requested staff apply for a GreenCorps intern for the 2019-2020 program year, to complete the application process an approved resolution must be submitted along with the application. For reference, a sample host site agreement has been attached (see Attachment B), this document outlines what the host site is committing to for the program. Attachment Attachment A: Resolution 2019-008 Attachment B: Sample Host Site Agreement Attachment A '0�0a�' ,-AI�EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2019-008 A RESOLUTION ENTERING INTO A HOST SITE AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY AND THE MINNESOTA GREENCORPS PROGRAM FOR THE 2019-2020 PROGRAM YEAR WHEREAS, the City of Arden Hills has applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2019- 2020 program year; and WHEREAS, if the MPCA selects the City of Arden Hills, the organization is committed to implementing the proposed project as described in the host site application, and in accordance with pre- scoped position description; and WHEREAS, the MPCA requires that the City of Arden Hills enter into a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities. THEREFORE, BE IT RESOLVED THAT the City of Arden Hills hereby agrees to enter into and sign a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs the Mayor to sign the grant agreement on its behalf ADOPTED THIS 18TH DAY OF MARCH, 2019, BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk Attachment B Appendix D. Sample host site agreement The actual agreement is subject to change based on updated CNCS/AmeriCorps policies for the 2019-2020 program year. MMINNESOTA POLLUTION Minnesota GreenCorps CONTROL AGENCY 520 Lafayette Road North host site agreement St. Paul, MN 55155-4194 Program Year 2017 - 2018 Doc Type: Agreement C) GreenCorps CR #: SWIFT #: I. Purpose This Agreement is between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency (MPCA), 520 Lafayette Road North, St Paul, MN 55155, using the Minnesota GreenCorps Program, herein after referred to as "State" or "MPCA," and <Insert host site name and address>, herein after referred to as the "Host Site." The Agreement delineates the terms, conditions, and rules of participation in the Minnesota GreenCorps Program for the 2017-2018 program year. II. Term of agreement Effective date: September 13, 2017, or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Expiration date: August 14, 2018, or until all obligations have been satisfactorily fulfilled, whichever occurs first. III. Authorized representatives The MPCA's Authorized Representative is Cristina Villella, Minnesota GreenCorps Program Coordinator, 520 Lafayette Road North, St Paul, MN 55155, 651-757-2580, cristina.villella(a)state.mn.us or her successor. The Host Site's Authorized Representative is <Name, title, address, telephone number, email>, or his/her successor. If the Host Site's Authorized Representative changes at any time during this Agreement, the Host Site must immediately notify the MPCA. The Host Site supervisor(s) is/are: <Name, title, address, telephone number, email>, or successor. If the supervisor(s) changes at any time during this Agreement, the Host Site must immediately notify the MPCA. IV. Member position description The Host Site, along with listed partners, will provide direction, supervision, and resources for the following Minnesota GreenCorps member (Member) position (s) <Insert position title>. <Insert position description> A. Member eligibility requirements 1. Must be a minimum or 18 years of age or older at the start of the term of service. 2. Must be a U.S. Citizen, U.S. National, or Lawful Permanent Resident Alien of the U.S. 3. Must successfully pass a criminal background search of the National Sex Offender Public Registry, the Minnesota Bureau of Criminal Apprehension, and the corresponding government entity from their state of current residence. 4. Must not have a criminal history, as concluded from a fingerprint -based Federal Bureau of Investigation (FBI) criminal history check, which precludes the member's ability to have recurring access to vulnerable populations (i.e., children, elderly, and persons with a disability). 5. Must have a High School Diploma/GED 6. Must have completed a two-year Associate of Arts degree or completed sophomore year in a four-year college program. Page 24 of 34 I February 2019 1 p-mgc2-03 Must be able to make a commitment to complete 11 months of service. B. Travel 1. Some positions may require driving, a valid driver's license, and passing a driving record check administered by the MPCA. 2. Some positions may require access to a personal vehicle for transportation and travel. C. Qualifications/skills 1. Education A two-year Associate of Arts degree or completion of sophomore year in a four-year college program is required. A four-year college degree with a major or significant course work related to environmental protection, energy conservation and efficiency, urban planning, or other relevant aspect of the Minnesota GreenCorps Program is preferred. 2. Work skills a. Effective communication, presentation, and writing skills b. Ability to build and maintain relationships 1) Motivate others 2) Demonstrate flexibility in work assignments 3) Work both independently and with others 4) Work with individuals from a variety of backgrounds c. Ability to take the initiative in work assignments, organize them, and complete them d. Ability to research and organize information e. Functional computer skills: word processing, spreadsheet, database 3. In teres t/comm i tm en t Demonstrated interest and experience in environmental and sustainability issues, including energy and water conservation, air quality, urban planning, local foods, active transportation, environmental education, and a commitment to community and Minnesota GreenCorps service. D. Physical requirements Some positions may require the ability to perform fieldwork, sometimes in adverse weather, traversing rough terrain, and occasionally moving equipment. E. Performance requirements and expectations 1. Travel to the Twin Cities for orientation (September 2017). Travel expenses will be paid/reimbursed by Minnesota GreenCorps. 2. Travel to attend four quarterly trainings. Travel expenses will be paid/reimbursed by Minnesota GreenCorps. 3. Submit an online timesheet to report service hours once every two weeks. 4. Submit quarterly and final project progress reports. 5. Complete 1,700 hours. While Minnesota GreenCorps members will be selected for placement based on their qualifications and commitment to service, host sites must understand that members are not necessarily bringing highly specialized skills to their position. The members are participating in the Minnesota GreenCorps program in order to give back to their communities and gain valuable skills and experience in the environmental field. Host sites will often need to invest time in on-the-job training for the members. V. Responsibilities of the MPCA The MPCA, acting through the Minnesota GreenCorps Program Coordinator, supporting staff, and management, is responsible for providing oversight to the Minnesota GreenCorps Program on a statewide level, including member management, site management, and compliance with all AmeriCorps regulations. The Minnesota GreenCorps Program Coordinator is an employee of the MPCA. A. Member selection process Interviewing: The MPCA will accept and screen all applications for Member positions. The MPCA will sort and review applications, and select candidates for interviews. Page 25 of 34 I February 2019 1 p-mgc2-03 Selecting: The MPCA will make selection decisions. The MPCA has the responsibility and authority to extend an offer for a position to an applicant, and will make the final selection decisions. Background checks: The MPCA will conduct background checks on applicants prior to their official acceptance into the Minnesota GreenCorps Program. The check will include a: 1) national sex offender database search, 2) state criminal database search, 3) FBI fingerprint based check for members working with vulnerable populations, and 4) driver's license and driving record verification. Member participation in the Minnesota GreenCorps Program is contingent upon passing all relevant background checks. B. Member management 1. Member training: The MPCA is responsible for coordinating the logistics and scheduling the member trainings that occur throughout the year. The MPCA will reimburse travel expenses for members to attend Minnesota GreenCorps-sponsored training. Member orientation(s) topics will include: AmeriCorps/Minnesota GreenCorps policies and procedures; OnCorps reports (the inline reporting system for AmeriCorps programs); reporting requirements; training in topic areas; and safety, including right -to -know and emergency procedures. 2. Oversight: While the Host Site will provide day-to-day supervision, the MPCA will communicate regularly with the Host Site and site supervisor to ensure that the tasks and activities of the member project align with the position description and goals of the Minnesota GreenCorps Program and the MPCA. The MPCA will work with the member and host site to refine project measures throughout the term of service. The MPCA is also responsible for data compilation and reporting to interested parties including ServeMinnesota, Corporation for National and Community Service (CNCS), MPCA management, and other interested parties. 3. Mentors: The MPCA will provide each Minnesota GreenCorps Member with a mentor that will provide technical assistance and support throughout the program year. 4. Member site visits: The MPCA will conduct up to two site visits during the year with each Member. Site visits will be scheduled by the MPCA with the Minnesota GreenCorps member and site supervisor. 5. Monitoring program requirements: The Minnesota GreenCorps Program Coordinator will track and monitor each Member's progress in completing program requirements. This includes monitoring Members' service hours to ensure the Member will fill the minimum hour requirement by August 2018. 6. Member personnel file: The MPCA will maintain a personnel file for each Member. 7. Member benefits: The MPCA is responsible for administering/overseeing member benefits (as applicable) including: living allowance, health insurance and workers' compensation. The MPCA will provide assistance to qualifying Members in receiving federal student loan forbearance, childcare reimbursement, and education awards from the corresponding government entities that provide such benefits. The MPCA will also provide travel reimbursement for approved expenses. 8. Reasonable accommodation: A reasonable accommodation is any modification or adjustment to a job, practice, or work environment that makes it possible for an individual with a physical or mental disability to perform the essential functions of a job. The MPCA must provide such accommodations, upon request by members with disabilities, unless doing so imposes undue financial or administrative burden to the program. 9. Member discipline: The MPCA will work closely with the Host Site supervisor regarding setting expectations and, if necessary, administering discipline for performance -related issues, including but not limited to: tardiness, failure to meet deadlines, failure to complete service position duties, etc. 10. Grievance procedures: The MPCA will ensure that employee work problems are appropriately resolved; when necessary, the MPCA will ensure that Grievance Procedures are administered as prescribed in the Member Service Agreement. 11. Site re -assignment: In the event that a Host Site environment becomes unsuitable for a Member to continue their service work, the MPCA reserves the right to terminate the site partnership and move the Member to another site, should an opportunity exist. C. Member suspension, release from service, and termination 1. Only the MPCA's designated staff has the authority to suspend or release a Member either for cause or for compelling personal circumstances. Host Site supervisors must actively work with the MPCA to address performance issues before suspension or release from service is considered. 2. Terminating: Only MPCA's designated staff has the authority to suspend or release a Minnesota GreenCorps member from service for disciplinary reasons. Site supervisors must actively work with the MPCA to address performance issues before termination is considered. D. Host Site management 1. Training: Host site orientation topics will include: AmeriCorps/Minnesota GreenCorps policies and procedures, OnCorps reports, and reporting requirements. 2. Site visits: The Minnesota GreenCorps Program Coordinator and/or other MPCA staff will conduct up to two site visits with each site. The site visits will review progress in relation to the expectations laid out in the Site Agreement, celebrate success, and provide assistance in problem solving. Page 26 of 34 I February 2019 1 p-mgc2-03 3. Monitor and approve in-kind: The Minnesota GreenCorps Program Coordinator will monitor in-kind reports submitted to OnCorps by the Site Supervisor, and will approve in-kind reports once proper documentation is received. 4. Background checks: The MPCA will conduct and pay for background checks on host site supervisors prior to the start of the Minnesota GreenCorps Program. The check will include 1) national sex offender database search, and 2) state criminal database search. If a site supervisor has recurring access to vulnerable populations, an additional fingerprint check will be required. Site participation in the Minnesota GreenCorps Program is contingent upon passing both background checks. E. Insurance 1. The Members will be covered under the MPCA Commercial General Liability and Commercial Automobile Liability insurance policies as volunteers. If the members are using vehicles belonging to the Host Site organization to conduct business on behalf of the Minnesota GreenCorps Program, the Host Site's insurance is primary. Any other insurance that may be available would only respond after the organization's insurance is exhausted. A. Host Site responsibilities The Host Site, acting primarily through the Host Site supervisor, is responsible for the following as a Minnesota GreenCorps participant: A. Member support and management 1. Member recognition: Minnesota GreenCorps members are not "employees" or "volunteers" of the host site. 2. Supervision: Provide day-to-day professional supervision of the Minnesota GreenCorps member(s), equating to at least 3.2 hours per week (0.08 full time employee [FTE]), per member. Set a daily schedule with the Minnesota GreenCorps member to ensure a full-time member is serving approximately 40 hours/week, and then hold the member accountable to this set schedule. 3. Provide appropriate safety training, including right -to -know and emergency procedures. 4. Workspace, computer access, supplies, materials. Provide reasonable workspace for members to complete the tasks of their project. This includes a desk, phone, computer, access to office supplies, access to a printer, copy machine, materials needed for Minnesota GreenCorps member projects (displays, fact sheets, manuals, etc.). Members must have regular access to the internet for Minnesota GreenCorps-related purposes (i.e., completing timesheets, using the Minnesota GreenCorps website, checking email) as well as to complete the tasks of their project. It is recommended the host site provide a host site email address to the Minnesota GreenCorps member if possible. 5. On-site training: Invite the Minnesota GreenCorps member to participate in relevant on-site training and/or staff meetings. Minnesota GreenCorps members may record this time toward their service hours. 6. Member professional development: Host sites are encouraged to provide at least $150 towards member professional development, such as attending conferences, seminars, workshops, trainings, etc. 7. Work environment: Maintain a work environment that is welcoming, respectful, and free of harassment and discrimination, and safe. Name badge: Provide the member with a name badge, if required, according to the personnel policies of the host site. 8. Reasonable accommodation: Members with mental or physical disabilities have the right to request reasonable accommodations through their host site. The host site should work closely with the Minnesota GreenCorps Program Coordinator and the MPCA's Human Resource Office to support and respond to such requests. 9. Grievance procedures: Discuss work problems with members, engage in informal problem solving, and (if required) support the Grievance Procedures included in the Member Service Agreement. B. Supervisor responsibilities 1. Attend supervisor training: Supervisors are required to participate in a one -day Site Supervisor Orientation at the start of the program year to learn roles and responsibilities. If a host site is unable to attend the supervisor training, they must let the MPCA know in writing and work with the MPCA to receive proper training. 2. Approve timesheets: Verify the member's service hours by approving his or her timesheet online once every two weeks through the OnCorps Reports online system. Member timesheets must be approved by supervisors on time for the member to receive his or her living allowance. 3. Participate in site visits: Participate in a bi-annual site visit facilitated by the Minnesota GreenCorps Program Coordinator. The purpose of the visit will be to review progress in relation to the expectations laid out in the Site Agreement, celebrate success, and provide assistance in problem solving. 4. Maintain open lines of communication: Maintain open lines of communication with the Minnesota GreenCorps member, Minnesota GreenCorps Program Coordinator, and MPCA professional staff in relation to the member's role and performance. Page 27 of 34 I February 2019 1 p-mgc2-03 5. Discipline/termination (if necessary): Ensure that members comply with the terms of the Member Service Agreement. Host sites must be involved with resolving work problems of members and may be involved in the Grievance Procedures. The Host Site Supervisor must notify and work closely with the MPCA Human Resources staff on disciplinary action. A site may not decide to terminate a member. Only designated MPCA staff has the authority to suspend or release a Minnesota GreenCorps member from service for disciplinary reasons. 6. Complete performance evaluations: Complete a mid -year and end -of -year member performance evaluation. 7. Submit in-kind documentation: Submit in-kind reports monthly through the OnCorps Reports online system, and provide hard copy documentation. 8. Reportable and measurable outcomes: Oversee and approve the member's submission of quarterly updates to the MPCA on project progress on forms and a timeline determined by the MPCA, and a final report that includes lessons learned and project measures for success. VII. Prohibited activities for AmeriCorps members The Host Site understands that when accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps Program or the Corporation, members may not engage in the following activities: A. Attempting to influence legislation. B. Organizing or engaging in protests, petitions, boycotts, or strikes. C. Assisting, promoting, or deterring union organizing. D. Impairing existing Agreements for services or collective bargaining agreements. E. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, platforms, political candidates, proposed legislation, or elected officials. G. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization. H. Providing a direct benefit to: a for-profit business entity, a labor union, a partisan political organization, a non-profit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 or an organization engaged in the religious activities described above. I. Voter registration drives. J. Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; or write a grant application to the Corporation or any other federal agency. 1. Per § 2520.40 AmeriCorps members may: a. Raise resources directly in support of a program's service activities. b. Perform fundraising activities including, but not limited to, the following: i. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read. ii. Writing a grant proposal to a foundation to secure resources to support the training of volunteers. iii. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals iv. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization. v. Seeking donations from alumni of the program for specific service projects being performed by current members. An AmeriCorps member may spend no more than 10% of his or her originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, as described in § 2520.40. K. Clerical work or research unless such activities are incidental to the member's direct service activities. L. Providing abortion services or referrals for receipt of such services. M. Such other activities as the Corporation may prohibit. N. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purposes of engaging in one of the activities listed above. Individuals may Page 28 of 34 I February 2019 1 p-mgc2-03 exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non- AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. O. Nonduplication. Per § 2540.100, Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. In addition, unless the requirements of the nondisplacement clause (below) are met, Corporation 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. P. Nondisplacement. Per § 2540.100, 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 Corporation assistance. 1. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 2. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 3. A participant in a program receiving Corporation 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. 4. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that: a. Will supplant the hiring of employed workers. b. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 5. 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: a. Presently employed worker. b. Employee who recently resigned or was discharged. c. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. d. Employee who is on leave (terminal, temporary, vacation, emergency, or sick). e. Employee who is on strike or who is being locked out. VIII. Non-displacement policy A Minnesota GreenCorps member, as an AmeriCorps participant, is not an employee or volunteer of the host site organization. A Minnesota GreenCorps member may not displace an employee of the host site, including partial displacement such as reduction in hours, wages, or employment benefits. A Minnesota GreenCorps member may not perform services or duties that have been performed by or were assigned to any: A. Currently employed worker B. Employee who recently resigned or was discharged C. Employee who is subject to a reduction in workforce or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures D. Employee who is on leave (terminal, temporary, vacation, emergency, or sick) E. Employee who is on strike or is being locked out IX. Harassment and non-discrimination policy The Minnesota GreenCorps Program prohibits discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership, or activity in a local human rights commission, disability, sexual orientation, age, political affiliation, and, in most cases, religion. Harassment based on the protected class status listed in the paragraph above is also prohibited, including both overt acts of harassment and those acts that create a negative work environment. Discriminatory harassment is any behavior based on protected class status that is unwelcome and personally offensive and, thereby, may affect morale and interfere with the Member's ability to perform. For example, harassment based on national origin has been defined by the U.S. Equal Employment Opportunity Commission as "Ethnic slurs and other verbal or physical conduct relating to an individual's national origin." Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to employment, that: Page 29 of 34 I February 2019 1 p-mgc2-03 "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: (1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, (2) submission to or rejection of that conduct or communication by an individual is used as a factor in decision affecting that individual's employment, or (3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. Discriminatory harassment may occur: 1) among peers or coworkers, 2) between managers and subordinates, or 3) between Members and the public. A. AmeriCorps program civil rights policy The CNCS has zero tolerance for the harassment of any individual or group of individuals for any reason. CNCS is committed to treating all persons with dignity and respect. CNCS prohibits all forms of discrimination based upon race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. All programs administered by, or receiving Federal financial assistance from CNCS, must be free from all forms of harassment. Whether in CNCS offices or campuses, in other service -related settings such as training sessions or service sites, or at service -related social events, such harassment is unacceptable. Any such harassment, if found, will result in immediate corrective action, up to and including removal or termination of any CNCS employee or volunteer. Recipients of Federal financial assistance, be they individuals, organizations, programs and/or projects are also subject to this zero tolerance policy. Where a violation is found, and subject to regulatory procedures, appropriate corrective action will be taken, up to and including termination of Federal financial assistance from all Federal sources. Slurs and other verbal or physical conduct relating to an individual's gender, race, ethnicity, religion, sexual orientation or any other basis constitute harassment when it has the purpose or effect of interfering with service performance or creating an intimidating, hostile, or offensive service environment. Harassment includes, but is not limited to: explicit or implicit demands for sexual favors; pressure for dates; deliberate touching, leaning over, or cornering; offensive teasing, jokes, remarks, or questions; letters, phone calls, or distribution or display of offensive materials; offensive looks or gestures; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; or demeaning, debasing or abusive comments or actions that intimidate. CNCS does not tolerate harassment by anyone including persons of the same or different races, sexes, religions, or ethnic origins; or from a CNCS employee or supervisor; a project, or site employee or supervisor; a non- employee (e.g., client); a co-worker or service member. I expect supervisors and managers of CNCS programs and projects, when made aware of alleged harassment by employees, service participants, or other individuals, to immediately take swift and appropriate action. CNCS will not tolerate retaliation against a person who raises harassment concerns in good faith. Any CNCS 7 employee who violates this policy will be subject to discipline, up to and including termination, and any grantee that permits harassment in violation of this policy will be subject to a finding of non-compliance and administrative procedures that may result in termination of Federal financial assistance from CNCS and all other Federal agencies. Any person who believes that he or she has been discriminated against in violation of civil rights laws, regulations, or this policy, or in retaliation for opposition to discrimination or participation in discrimination complaint proceedings (e.g., as a complainant or witness) in any CNCS program or project, may raise his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). Discrimination claims not brought to the attention of OCRI within 45 days of their occurrence may not be accepted in a formal complaint of discrimination. No one can be required to use a program, project or sponsor dispute resolution procedure before contacting OCRI. If another procedure is used, it does not affect the 45 -day time limit. OCRI may be reached at 202-606-7503 (voice), 202- 606-3472 (TTY), eo@cns.gov, or through http://www.nationalservice.gov/. B. Complaint procedures Members have the right to report a concern or complaint about discrimination or discriminatory harassment to their Host Site supervisor, the MPCA's Minnesota GreenCorps Program Coordinator, the MPCA Community and Business Assistance Development Manager, or to the MPCA Human Resources Department. In fulfilling the obligation to maintain a positive and productive work environment, Host Site supervisors, the MPCA's Minnesota GreenCorps staff, and the MPCA Human Resources Department are expected to address or report any suspected discrimination or discriminatory harassment. The following is the contact information for the MPCA Human Resources Office: Human Resources Office Minnesota Pollution Control Agency 520 Lafayette Road North Saint Paul, MN 55155 651-757-2587 (voice), 651-282-5332 (TTY) 651-296-5341 (fax); Kellie.McNamara@state.mn.us (email) Page 30 of 34 I February 2019 1 p-mgc2-03 Members also have a right to contact other local, state, and federal government agencies, including: Office of Civil Rights and Inclusiveness Corporation for National and Community Service 1201 New York Avenue, NW Washington, D.C. 20525 202-606-7503 (voice); 202 565-2799 (TTY) 202-565-3465 (fax); eo6d�cns.gov (email) C. Retaliation It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, Members may bring a complaint to the attention of CNCS. X. In-kind contributions The MPCA does not charge a fee for participation in the Minnesota GreenCorps Program. However, host sites are expected to provide in-kind contributions in the form of supervision, operating costs (office space, internet, telephone), and equipment costs associated with hosting a member. The expected contribution for hosting one member is $5,500, broken down into the following categories: Estimated minimum Category contribution per member Supervision (at least 0.08 FTE, 3.2 hours per week) $4,000 Operating costs (office space, internet connection, phone connection, $1,500 computer purchase or rental, office equipment) Host sites will be required to verify all in-kind contributions, including how expenses were calculated. Host site supervisors are required to report their in-kind supervision hours monthly in OnCorps Reports, the online system for Minnesota AmeriCorps programs. In-kind contributions cannot be provided from a federal source of funds, unless permission has been provided from the granting federal agency. Host sites are expected to maintain any source documentation for seven years. XII. Recital A. Under Minn. Stat. § 15.061 the State is empowered to engage such assistance as deemed necessary. B. The State is in need of agreeing upon rules of participation, roles, and responsibilities for Host Sites. C. The Host Site represents that it is duly qualified and agrees to perform all services described in this Contract to the satisfaction of the State. XIII. Survival of terms The following clauses survive the expiration or cancellation of this Contract: Indemnification; State audits; Government data practices; Governing law, jurisdiction, and venue; and Data disclosure. A. Indemnification In the performance of this Contract by Host Site, or Host Site's agents or employees, the Host Site must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the State, to the extent caused by Host Site's: 1. Intentional, willful, or negligent acts or omissions. 2. Actions that give rise to strict liability. 3. Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Host Site may have for the State's failure to fulfill its obligation under this Contract. B. State audits Under Minn. Stat. § 16C.05, subd. 5, the Host Site's books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Contract. C. Government data practices Government data practices. The Host Site and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Page 31 of 34 I February 2019 1 p-mgc2-03 Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Host Site under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. ch. 13, by either the Host Site or the State. If the Host Site receives a request to release the data referred to in this clause, the Host Site must immediately notify and consult with the State's Authorized Representative as to how the Host Site should respond to the request. The Host Site's response to the request shall comply with applicable law. D. Governing law, jurisdiction, and venue Minnesota law, without regard to its choice -of -law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. E. Data disclosure Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Host Site consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws, which could result in action requiring the Host Site to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities. XIV. Certification • This Agreement serves as a binding contract between the Host Site and the MPCA for the 2017-2018 program year. The terms of this Agreement will end on August 14, 2018. The MPCA may cancel this Agreement at any time, with or without cause, upon 30 days' written notice to the Host Site. Amendments to this Agreement may be made only with the consent of both parties and shall be done in writing. • If a Member exits the Minnesota GreenCorps Program early either for cause or compelling personal circumstances, or is relocated to a different Host Site, this agreement will automatically end on the last day of the Member's service at this Host Site. • Failure to adhere to policies or to fulfill responsibilities outlined in this Agreement will become part of the selection criteria in the event of a re-application process for future year programs. • Termination for insufficient funding. The State may immediately terminate this Agreement if it does not obtain funding from ServeMinnesota or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered here. Termination must be by written or fax notice to the Host Site. The State is not obligated to pay for any work performed after notice and effective date of termination. However, the Host Site will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature or other funding source not to appropriate funds. The State must provide the Host Site notice of the lack of funding within a reasonable time of the State's receiving that notice. • By signing this Agreement, I acknowledge that I have read, understand and agree to all terms and conditions of this Agreement. Host Site The Host Site certifies that the appropriate persons have executed the Agreement on behalf of the Host Site as required by applicable articles, bylaws, resolutions, or ordinances. Host Site Authorized Representative Host Site Supervisor Print name: Print name: Title: Signature: Date: Title: Signature: Date: Minnesota Pollution Control Agency (with delegated authority) Print name: Katie Koelfgen Title: Assistant Division Director Signature: Date: Page 32 of 34 I February 2019 1 p-mgc2-03