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2019-2020 Memorandum of Understanding

BETWEEN
Goodwill Industries of Northern New England’s
Goodwill VISTA Partnership
And

Purpose:
This Memorandum of Understanding (MOU) serves to document the terms of cooperation between
Goodwill Industries of Northern New England’s Goodwill VISTA Partnership AmeriCorps Program,
(hereafter referr ed to as $ “Goodwill VISTA Partnership”) and

(hereafter referred to as the “Host Site”.) Included is
a general description of the role the AmeriCorps VISTA Member, hereafter referred to as the
“Member”, will have with the Host Site, a listing of the contributions expected/required by each party,
and certain assurances. The Goodwill VISTA Partnership manages AmeriCorps VISTA members
awarded by the Corporation for National and Community Service’s (CNCS) Maine/New
Hampshire/Vermont State Office (CSO) for the purposes of reducing poverty in Maine. All actions of
the Goodwill VISTA Partnership and its members must meet the requirements set out in the Goodwill
VISTA Partnership’s application to CNCS to operate the program. This MOU may be amended if
necessary (such as when the number of members changes). Any amendment will be signed by Goodwill
Staff and Host Site agency.

Member Position Description:

# Term Stipend Education Member Term(s)
Members Award or cash
award
8 weeks | $613.48/week | $1,311 Ed July 6, 2020 - end of August 30,
Award of 2020
$345.80 cash
a. AmeriCorps VISTA Member(s) will be assigned to provide volunteer service to the Host Site

during the member term listed above for a full tume equivalent with the Member being required

to attend required trainings throughout the term. (training schedule attached).

b. The responsibilities of the Member(s) shall be in accordance with Volunteer Assignment
Description (VAD) submitted by the Host Site, and approved by CNCS, as well as in accordance
with AmeriCorps® VISTA regulations. Additional services may be performed by the Member as
jointly decided by the AmeriCorps VISTA Program Manager, and the Host Site’s technical
supervisor or agency contact of the Host Site. The VAD may be amended or otherwise modified
by countersigned letter and then must be approved by CNCS.

c. Members may not change their start or end dates.

d. Though the member is allowed to “work from home” in an emergency or when deemed
necessary due to unusual circumstances this should not be the norm and should never occur more
than 2 days in a two week pay period. Member and supervisor must sign teleservice agreement
for member to do so.

e. Members may only have limited employment or. school commitments outside of their VISTA
commitment. FMI. http:/Avww.vistacampus.gov/resources/outside-employment-policy

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f. All services performed by the Member will be for the public benefit. In times of National
Disaster a request may be made by CNCS for a temporary re-assignment of a member to assist
with local disaster recovery efforts. The member may deny re-assignment.

g. All details of member position(s) are outlined in the attached member VAD(s).

II. Commitment of Resources and Services:
a. Goodwill Industries of Northern New England’s Goodwill VISTA Partnership certifies that
The Corporation for National and Community Service agrees to provide the following:
i. For each of the Members: living alowance paid to the AmeriCorps VISTA Member in
equal bi-weekly payments over the course of the term.

1. No Member may begin a term of service or start receiving living allowance
or benefits until the Goodwill VISTA Partnership and CNCS has obtained all
Member enrollment paperwork, Host Site Paperwork, and this signed Host
Site MOU.

ii. An education award or cash award to each Member who successfully completes the
service commitment as documented by the Host Site agency and Goodwill VISTA
Partnership (see chart in section I for amounts). Members must select to receive the
education award or the cash stipend at the start of the term. The education award will
only be redeemable for past or future educational expenses incurred at a Title IV
institution and is paid directly to the approved lender/institution. For more information
on award usage go to: http://www.nationalservice.sov/resources/edaward. For more
information on Education Award limits go to
http:/Avww.nationalservice.gov/pro grams/americorps/segal-americorps-education-
award/amount-elisibility-and-limitations-education

b. Goodwill Industries of Northern New England will provide:
i. Transportation reimbursement of 45 cents per mile for travel to and from the Member's
host site or home (whichever is closer} to attend trainings required by the Goodwill
VISTA Partnership. Carpooling is arranged for all VISTA Traimings. Members can
choose not to carpool but may risk forfeiting their mileage reimbursement.

ii, Member Training: Orientation on the first day of service. On -going Training on a

variety of topics occurring throughout the term.
ili, Continual support for both the Members and the Host Site as the term progresses.

1. Site visit by authorized Goodwill VISTA Partnership personnel to ensure
compliance with AmeriCorps VISTA reporting and position requirements,
assistance with enforcing the Rules of Conduct and disciplinary policy, tracking
Members progress, and working with all parties involved keeping the projects
moving forward.

2. Updates on Member progress regarding hours completion.

vii. Provide and explain ail forms required for AmeriCorps VISTA reporting/Member
evaluation.
vill. Provide AmeriCorps VISTA and CNCS logos for display at the site.
c. The Host Site agrees to commit to the following:
i. To designate a supervisor who will work closely with the Member(s). Host Site agrees to
send the primary Supervisor to one meeting during the year: a Site Supervisor Orientation
prior to the member start.

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-Program Contacts (T ‘o add additional dir ect supervisors of the member work, complete Attachment A):
Host Site Supervisor’ 3 Name (this will be the primary contact for Amer iCorps staff):

“Supervisor Title: a

wee Email Address:
ss Phone: ee
Some instances may require contacting the site | ; ° ae ‘Supervisor’ § Superior:
“supervisor's superior, suchas; oo, 7 3 Title:
.~ In the event that a supervisor leaves their position Email Address:
--Host Site responsibilities are out of compliance oe Phone: =

Supervisor Certification of Responsibilities (to be initialed by direct supervisor

ee .

lam available to meet with the AmeriCorps Member at least once ner week to review projects/expectations
1am able to approve timesheets online at least every other week or find an appropriate person to do so. |
. 3. 1am available to work with those responsible for financial aspects at my agency to determine inkind
‘amounts at the beginning of the AmeriCorps term.
7A tam available to work closely with the AmeriCorps staff and i provide prompt communication ifthere are 2 any
oe ‘concerns (even small ones). a Es: oo
5. Jam available to serve as a coach to the AmeriCorps Member.
6. lam able to submit all required paperwork in a timely manner.

i, Ifa change in supervisor is required, the Host Site must provide proof of supervisor
experience/avatilability before the change can occur.

ill. Will be able to provide all interview documentation including two documented reference
checks for the Member, written interview questions, and interview evaluations used in
making the selection decision if requested by Goodwill.

iv. Host site is responsible for providing Goodwill with a proof of non-profit status or
equivalent for their organization.

v. Itis the Site Supervisor’s responsibility to provide accompaniment for an AmeriCorps
VISTA Member who has started their term of service, and is serving vulnerable
populations, but does not yet have a cleared FBI. A person is accompanied when he/she
is in the physical presence of a person cleared by their host site for access to a vulnerable
population. Vulnerable populations include: seniors, children, and individuals with
disabilities. Accompaniment must be documented in member timesheets.

vi. The duties of this Site Supervisor include: providing a written VAD for the Member,
orienting the Member to the Host Site; developing objectives for the Member; explaining
to the Member plans and procedures necessary to accomplish the objectives; review and
approve timesheets on a weekly basis; providing adequate training and the necessary
materials, supplies and equipment to the Member when needed; ensuring members do not
participate in projects that pose undue safety risks or are prohibited activities under
AmeriCorps VISTA regulations; monitoring the progress of the Member in
accomplishing the objectives and reporting progress to AmeriCorps VISTA staff;
communicating to the Member and to the Program Manager within 72 hours any conflicts
requiring resolution that may arise during the year; and assisting Goodwill VISTA
Partnership in evaluating the performance of the Member and the Goodwill VISTA
Partnership.

vil. The AmeriCorps® VISTA Member will be required to attend all required AmeriCorps
VISTA sponsored trainings. The supervisor is expected to support the member in
attending these trainings, ensuring there are not conflicts with scheduling which prohibit
the member’s attendance. Members who receive two unexcused absences from Goodwill

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trainings may be removed from service. Excused absences are provided for illness or
emergency, A training schedule is attached.

viii. To provide a space for the Member. This must include appropriate phone, computer (with
internet), copier, and desk use if necessary.

ix. Travel expense reimbursement for work related travel in accordance with the
organization’s current reimbursement policies for its employees at the existing
organizational rates.

x. IfHost Site anticipates the Member’s operation of any Host Site owned vehicle, to ensure
proof of liability insurance before such usage shall start. Host Site shall absolve Goodwill
VISTA Partnership of any and all claims arising from any accident in which the Member
was driving a Host Site Agency Vehicle.

xi. To maintain sufficient records to be able to sign and certify as to the correctness of
weekly Member hours (members could face disciplinary actions for delinquent
timesheets and reporting). To provide to Goodwill VISTA Partnership an end-of-term
evaluation of the Goodwill VISTA Partnership. To ensure receipt by Goodwill VISTA
Partnership of all weekly timesheets on a timely basis, by the Monday of each week for
the previous week’s work. To ensure receipt by Goodwill VISTA Partnership of end-of
term evaluation of the Member’s performance.

xii. Due to the nature of AmeriCorps VISTA partnerships and the service that members do,
supervisors, members, and AmeriCorps VISTA staff are exposed to confidential
information through communicating with members, program staff, and supervisors and
providing support and guidance within those networks. Information shared between the
host sites/members and AmeriCorps VISTA staff will be kept in confidence. Likewise,
Supervisors sign a MOU agreeing to keep sensitive information regarding a member in
confidence. They are also trained during Site Supervisor orientation regarding the
importance and consequences around keeping member information confidential.
Breaches of member confidentiality could result in loss of participation with this or future
Goodwill AmeriCorps programs.

xi. As part of the National Service Network, the Corporation requires that the host site
display AmeriCorps and CNCS logos at the site.

xiv. Provide a letter of Union Concurrence from the Union Representative if there is a Union
present within your organization.

a “i: ) 1.” Please indicate ifthere is a Union present with the organization: iY 68: No .
ee 2 Provide proof of nonprofit status to Goodwill AmeriCorps.

IV. Assurances:
a. Goodwill AmeriCorps assures that:

i. Member disciplinary actions are managed fairly by Goodwill AmeriCorps, and in close
communication with the sponsor organization. A sponsor organization cannot terminate a
member unilaterally. Goodwill staff will manage all disciplinary actions and termination.

lL. for violating the stated rules, Goodwill AmeriCorps will do the following (except
for infractions serious enough to warrant a different sequence, mcluding where a
Member has been charged with or convicted of a violent felony, possession, sale
or distribution of a controlled substance during the term of service.):

a. for the Member's first offense, an appropriate Goodwill AmeriCorps
official will issue a verbal warning;

b. for the Member's second offense, an appropriate Goodwill AmeriCorps
official will issue a written warning and reprimand the Member;

c. for the Member's third offense, the Member may be suspended for one day
or more without compensation;

d. for the fourth offense, AmeriCorps may release the Member for cause.

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iv.

Goodwill AmeriCorps reserves the right to release the Member for cause if, in the
opinion of the Program Manager

1. his/her conduct undermines the effectiveness of the Program or the project which
he/she is assigned.

2. he/she repeatedly or periodically demonstrates inappropriate behavior by
engaging in a pattern of misconduct.

Goodwill AmeriCorps reserves the right to resolve outstanding compliance issues with
the Sponsor/ Supervisor in the event that Sponsor commitments outlined in this contract
are not being fulfilled. These matters will be resolved in the manner that follows:

1. For the first offense, an appropriate Goodwill AmeriCorps official will issue a
verbal warning;

2. For the second offense (or no resolution regarding corrective action), an

appropriate Goodwill AmeriCorps official will issue a written warning;
For the third offense (or no resolution regarding corrective action), an appropriate
Goodwill AmeriCorps official will contact the supervisor’s superior;

4. For the fourth offense (or no resolution regarding corrective action), the Sponsor
or Supervisor may be restricted from Goodwill AmeriCorps, the member removed
from the site, and/or an administrative fee charged to the Sponsor agency.

AmeriCorps staff will document all disciplinary actions and reasons for release.

Go

b. The Sponsor assures that:

i.

il.

The services to be performed by AmeriCorps Members will not result in the
displacement, whole or partial, of permanent or regular seasonal employees or
volunteers:

1. 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 Corporation (AmeriCorps) assistance.

a. 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—

1. Presently employed worker;
ii. Employee who recently resigned or was discharged:

i. 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.

See full text in the Corporation’s regulations at § 2540.100

http://www. antericorps.gov/help/ac_sn_all/ASN_Megasearch_Sitehitn

Search: SEC, 177, [42 U.S.C. 12637]
The services of the AmeriCorps Member will not involve a faction or group in an
election for public office and, while it can involve faith-based groups, such involvement
cannot include any prohibited activities as defined in the AmeriCorps Provisions.
Individuals may exercise their rights as private citizens and may participate in the
activities listed below on their initiative, on non-AmeriCorps time, and using non-CNCS
funds. Individuals should not wear the AmeriCorps logo while doing so. Members may
not participate in prohibited activities while counting hours toward earning their
Education Award or while representing AmeriCorps. Members may not engage in the
below activities directly or indirectly by recruiting, training, or managing others for the
primary purpose of engaging in one of the listed prohibited activities:

1. Attempting to influence legislation;

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iv.

Vi

Vil.

2. Organizing or engaging in protests, petitions, boycotts, or strikes;

3. Assisting, promoting, or deterring union organizing;

4. Impairing existing contracts for services or collective bargaining agreements;

5. Engaging in partisan political activities, or other activities designed to influence
the outcome of an election to any public office;

6. Participating in, or endorsing, events or activities likely to include advocacy for or

against political parties, political platforms, political candidates, proposed
legislation, or elected officials;

7. 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
imstruction or worship, or engaging in any form of religious proselytization;

8. Providing a direct benefit to—

a. A business organized for profit;

b. A labor union;

c. A partisan political organization;

d. A nonprofit organization that fails to comply with the restrictions
contained in section 501(c)(3) of the Internal Revenue Code of 1986
except that nothing in this section shall be construed to prevent
participants from engaging in advocacy activities undertaken at their own
initiative; and

e. An organization engaged in the religious activities described above, unless
Corporation assistance is not used to support those religious activities;

9. Conducting or using Corporation finds to conduct a voter registration drive;

10. Providing abortion services or referrals for receipt of such services;

11. Such other activities as the Corporation may prohibit.

12, Prohibited fundraising Activities including:

a. Raising funds for his or her living allowance or for an organization's general
(as opposed to project) operating expenses or endowment.

b. Writing grant applications for AmeriCorps funding or for any other
funding provided by CNCS

c. Writing grant applications to the Corporation or to any other Federal
Agency

Open lines of communication will be held between sponsor organization, Member, and
Goodwill AmeriCorps staff. This includes any need for disciplinary action.

Members serve no more than 20% of time in training and 10% of their time fundraising.
Members and supervisors follow all program policies, including Drug Free Workplace,
workplace safety, record compliance, reasonable accommodation, Equal Opportunity
Employment, Grievance Procedures, and Harassment. (Full list of policies outlined in
supervisor and member orientations).

Volunteer screening and background checks for mentors, school volunteers and any other
project volunteers/participants will be completed by the sponsor agency. These
volunteer/mentor background checks will follow host site agency policy and for mentors
(or volunteers with significant exposure to at-risk populations) will at a minimum include
a check of the online sex offender registry (http:/Awww.nsopw.gov) and two references.
Goodwill AmeriCorps will only do background checks on the AmeriCorps member and
the identified site supervisor. All other checks are the responsibility of the sponsor.
General Liability coverage for the Member is held at the host site.

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vil, The services to be performed are authorized by the Sponsor’s governing body and
applicable laws and regulations and conforms to all applicable regulatory requirements

and restrictions.

ix. Authorized AmeriCorps staff and representatives and authorized AmeriCorps® staff and
representatives from participating partner agencies will have the right to visit the Sponsor
Site to spect performance and observe, evaluate, and counsel staff and Members.

x. If federal funding ends prior to the grant period, the sponsor assures Goodwill
AmeriCorps the right to terminate the contract and renegotiate contract terms.

c. Both parties assure that all activities conducted under this agreement will be held in compliance
with the non-discriminatory provisions contained in titles VI and VII of the Civil Rights Act of
1964, as amended, and the AmeriCorps Provisions and CNCS non-discrimination policy.
Violation of national service laws, regulations or policies will result in a termination of the

agreement.

By signing below, I acknowledge that I have received and I understand the Service Site Host Site Information, Site
Agreement, and related information, which includes the AmeriCorps Program Policies and Procedures for Service Sites

and AmeriCorps Members.

Heather Stott, Executive Director, Workforce Services
Date:

(Signature of authorized Sponsor person)

Goodwill Industries of Northern New England

. Program Manager
E-mail address:

Goodwill AmeriCorps
34 Hutcherson Drive, Unit 1
Gorham, ME 04038

(Printed Name and Title}

(Sponsor Name)
Date: (20s ee
Sponsor Mailing Addiess:

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AMENDED
O-20-014

ORDINANCE

RELATIVE TO TEMPORARY AJUSTMENT TO SITE PLANS

CITY OF NASHUA

In the Year Two Thousand and Twenty

The City of Nashua ordains and is hereby amended by adding the bold italicized
language as follows:

The Director of Community Development or designee is authorized to approve administratively
the temporary modification of site plans to allow restaurants to provide additional outdoor
seating and to waive any provision of Chapter 190 of the Nashua Revised Ordinances for such
purpose. The director or designee may accept for purpose of review such plan or sketch deemed
by him or her to be sufficient for this purpose. No Fee shall be charged for such review or
approval.

This authorization and any approval issued thereunder shall not waive compliance with any
building code, fire code, health code, or any otherwise applicable provision of law.

This authorization and any approval issued thereunder shall expire on January 1, 2021 unless
extended by further legislation.

This legislation shall take effect following its passage.
The clerk is directed not to codify this ordinance in the Nashua Revised Ordinances but to

designate it as Covid-19 Emergency Measure No.1 and publish it and any subsequent emergency
measures on the city website.

R-20-042

RESOLUTION

APPROVING THE COST ITEMS OF A SIDEBAR AGREEMENT BETWEEN THE
NASHUA BOARD OF FIRE COMMISSIONERS AND THE NASHUA FIREFIGHTERS
ASSOCIATION LA.F.F. LOCAL 789 REGARDING VACATION ACCRUAL

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached sidebar regarding vacation accrual between the Nashua Board of Fire Commissioners
and the Nashua Firefighters Association I.A.F.F. Local 789 are hereby approved.

The sidebar agreement starts April 14, 2020 and extends through a period of time ending on
a member’s anniversary date next following a date which is 180 days after the end of the State of
New Hampshire state of emergency, and is concerned with temporarily allowing additional vacation
time accrual and providing a time period to use said vacation time.

MEMORANDUM OF AGREEMENT

This Agreement is made this i4 ay of Hor | 2020 by and between the Nashua
Firefighters Association LAFF Local 789 and the City of Nashua, New Hampshire.

WHEREAS, the State of New Hampshire and the City of Nashua are experiencing
public health crisis, due to the Covid-19 pandemic; and

WHEREAS, the Governor of New Hampshire, Christopher T. Sununu, declared a State
of Emergency in New Hampshire as of March 13, 2020; and

WHEREAS, the State of Emergency has been extended indefinitely; and

WHEREAS, due to the State of Emergency, the workload of the Members of Local 789
has been significantly increased, and will continue to increase for the foreseeable future; and

WHEREAS, due to the increased workload, Members of Local 789 may be unable to use
accrued vacation time as planned, as they will be needed to cover shifts for Members who may
become sick or are required to quarantine.

NOW, THEREFORE, the parties hereby agree as follows:

1. Language in Article 21, Section A of the parties Collective Bargaining Agreement,
relating to vacation time, which reads:

Ne member shall have more than two (2) times their yearly
accrual on their anniversary date.

Shall be waived for the duration of the State of Emergency and such additional time
as further set forth below.

2. All members shall continue to accrue vacation time at the rate specified in the parties
Collective Bargaining Agreement and no member shall be penalized for accruing
additional vacation time.

3. Except as provided in section 4, below, a member who for any reason separates from
City of Nashua employ shall upon such separation be paid on account of unused
vacation time a maximum of two (2) times his or her yearly accrual of vacation leave
plus the amount, if any, of vacation time accrued since his or her most recent
anniversary date.

4. Ifa member retires within 60 days following the lifting of the State of Emergency, he
or she shall be paid on account of unused vacation time based on the total accrued
amount. For purposes of this section and not to be used to construe any other
provision of the CBA, “retires” means to separate from NFR employment at a time
when the member is immediately eligible for a NHRS pension.