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103371 RESOLUTION NO. 10,337 2 3 A RESOLUTION ACCEPTING AND ACKNOWLEDGING a THE PARTNERSHIP BETWEEN THE CITY OF LITTLE s ROCK, ARKANSAS, AND THE CITY OF KALUSH, 6 UKRAINE. 7 8 WHEREAS, the City of Little Rock, Arkansas, has been selected to participate in 9 a U.S. - Ukraine Community Partnership under the USAID funded U.S. - Ukraine 10 Community Partnership for Local Government Training and Education Project with the City 11 of Kalush, Ukraine; and 12 WHEREAS, Mayor Jim Dailey has extended his welcome to the City of Kalush in 13 a partnership with the City of Little Rock in his letter dated June 8, 1998; and 14 WHEREAS, Mayor Stephan Ryznyk has responded in kind in his letter of July 28, 15 1998, and inviting representatives of the City of Little Rock to visit Kalush soon; and 16 WHEREAS, the University of Arkansas at Little Rock has entered into a 17 Memorandum of Agreement with the U.S. - Ukraine Foundation to carry out a partnership 18 with the City of Kalush; and 19 WHEREAS, the City of Little Rock and the University of Arkansas at Little Rock 20 has joined together to establish a community partnership with the City of Kalush; and 21 WHEREAS, to establish this partnership a Memorandum of Agreement will be 22 entered into between the City of Little Rock, Arkansas and the City of Kalush, Ukraine and 23 a grant has been awarded to the University of Arkansas at Little Rock to pay the travel costs 24 of eleven people this year to Kalush and Little Rock; and 25 WHEREAS, this partnership has been created to foster development of local 26 government in the Ukraine by providing assistance to the City of Kalush, Ukraine that will 27 be focused on five targeted substantive areas which include local budgeting; housing and 28 communal services, local economic development; and citizen participation; and 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • aft WHEREAS, each Ukraine Community in consultation and cooperation with its U.S. partner community will decide on specific area(s) of focus; and WHEREAS, the City agrees to provide paid release time and institutional support to municipal officials and employees who are selected to travel to the partner community to participate in training, orientation, and educational activities; to welcome and provide training opportunities for the visitors from Kalush; and WHEREAS, this partnership will develop a mutual understanding between citizens of both cities by exchanging various information and materials. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That the attached Memorandum of Agreement between the City of Little Rock, Arkansas and the City of Kalush, Ukraine to create a partnership to foster development of local government in the Ukraine is approved. . Adopted: August 18, 1998 Attest: Robbie Hancock, City Clerk Approved as to Legal Form: Thomas M. Carpenter, City ttorney Approved: Jim ailey, Mayor M t1ulk.1NE m m m m m BuBdrng Pencg and Prorpesiryrhmugh Shared Den mnc Vdu Article I — Introduction • GRANT AGREEMENT Between THE U.S. - UKRAINE FOUNDATION And THE ARKANSAS INTERNATIONAL CENTER M M The U.S.-Ukraine Foundation, a 501(c)3 nonprofit organization located at 1511 K Street, NW, Washington, DC 20005 (hereafter referred to as USUF), and the Arkansas International Center (hereafter referred to as the U.S. Partner) have concluded this Memorandum of Agreement (MOA) to record their mutual understanding conceming cooperation on activities relating to the U.S.-Ukraine Community Partnerships for Local Government Training and Education Project (CPP). Article U — Purpose of Memorandum of Agreement The purpose of this MOA is to support the partnership between Little Rock, Arkansas, USA and Kalush, Ukraine as part of CPP. This MOA defines sustainable, mutually beneficial objectives and responsibilities of each of these two parties within the framework of CPP. The signatories of this MOA endorse these common goals and agree to provide the technical cooperation, facilities, goods, and services described herein as essential for effective implementation of the project. USUF, acting under the terms of Cooperative Agreement award no. 121 -A- 00-97- 00149 -00 with the United States Agency for International Development's ( USAID) Regional Mission to Ukraine, Belarus, and Moldova, will collaborate with the Arkansas International Center and other U.S. Community Partners to foster development of local government in Ukraine by providing cost - effective and sustainable technical assistance, training, and education to Ukrainian partnered and non - partnered communities. This will be accomplished through individual partnerships with U.S. communities and a network of four regional training centers in Ukraine. In order to promote a cumulative impact, the assistance provided to each Ukrainian community will be focused on the five targeted substantive areas of: local budgetingihousing and communal services; transportation; local economic development; and citizen participation. Each Ukrainian community, in consultation and cooperation with its U.S. partner community, will decide on the area(s) of focus. Article III — Period of Agreement The period of this MOA shall be April 1, 1998 through May 31, 2000, subject to availability of funds, unless otherwise amended in writing. A cause for such amendment could be failure of USAID to financially obligate USUF the entire amount of the Cooperative Agreement. All expenditures paid with funds provided by this MOA and from cost -share (match) sources must be incurred only for authorized activities that take place or commence during the period of the agreement. USUF makes no representation, explicit or implicit, as to further participation in the activities funded under this grant beyond May 31, 2000. Article IV — Payment and Items of Expenditure The U.S. - Ukraine Foundation principally agrees to fund 570,000 to the U.S. Partner named above for the period of 26 months from April 1, 1998 to May 31, 2000. The U.S.-Ukraine Foundation will provide $44,500 for the first 14 months, from April 1, 1998 to May 31, 1999. This period will be considered U.S. . UKRAINE 1511 K Street NW - Suite 1100 a Washington. DC 20005 Kyiv 252 - 015 g Nloskovs'ka Street 40 -A Tel: (202) 347 -4264 - Fax: (202) 347 -3267 Tel: (044) 290 -7756 - Fax: (044) 290 -6464 E -mail: ukraine @access.digcx.nct E -mail: orlyk a orlyk.gluk.apc.org 397. "Period r' of the grant The period from June 1, 1999 to May 31, 2000 will be considered "Period II.' Subsequent funding will be made available as and when required and subject to availability of funds. A detailed breakdown of the amount provided is included below. An initial payment of 311,125 (one - quarter of the Period I amount of $44,500) will be made within 30 days of signing this agreement, assuming availability of funds. Further advance or reimbursement payments may be requested no more frequently than quarterly using USUF's Request for Payment form (Annex B). Requests for payments shall be submitted in sufficient time to allow at least 30 days for processing. The following are guidelines for expenditures. Amara also insurance, visa Tees 5 z.uuu MIBE 10 days @$75 $ 750 Lodging 10 days @$145 $ 1,450 TOTAL $ 4,200 7 $ 29,400 4 $ 16,800 $ 46,200 Travel to U.S. by Ukrainians MIBE 12 days @$30 (less 100 $ 260 Advance MaintenanceL Lodging 12 days @$120 $ 1,440 TOTAL $ 1,700 3 $ 5,100 2 $ 3,400 $ 8,500 Administrative GRAND TOTAL s 10,100 $ 5,200 $ 15,300 $ 44,600 $ 25,400 $ 70,000 Work plan: The U.S. Partner is required to submit for approval to USUF a Period I work plan within 30 days after the completion of the first period of travel by U.S. advisors to Ukraine. The Period II work plan will be required at least 30 days before the end of the period covered by the first work plan. These documents should be prepared according to the guidelines in Annex D, and they are subject to final approval by USAID. Subject to final approval, the U.S. Partner may develop the work plans and spend partnership funds within the following limitations: • The administrative line item is assumed to cover communications, shipping, postage, supplies, and any other administrative overhead costs, including salaries as long as time sheets exist to substantiate hours worked (these should be maintained in finan cial records, and may be requested by USUF or USAID). It may not be used to cover non - expendable equipment. • Total trips from the U.S. partner to the Ukrainian partner must total at least 11 over the term of the project • Total trips from the Ukrainian partner to the U.S. partner must total at least 5 over the term of the project. • The length of trips door to door shall be no less than 11 days (for which 10 days of per diem are allowed, as per the regulation that travelers be paid half to total amount for the first and last days) and no longer than 17 days (for which 16 days of per diem would be allowed, as per regulations; alternatively, this could include four days of weekend homestay (lodging and meals provided pro bono) for Ukrainian visitors to the U.S.). • All travel must be conducted within the guidelines of ADS 253 (USAID Travel Regulations). • Per diem expenses shall not exceed the rates authorized by USAID regulations. As of this date, USUF rates in Ukraine are 5145 for lodging and S75 for MI &E in Kyiv, $30 for MI &E outside of Kyiv, and are pinned to the State Department rates for lodging and MI &E in the U.S (these vary by city and state; please check httn: / /oolicvwork-s.gov/ ore / main,' Mtihomer)aE!e /mit/uerdiem /oerd98.htm, as these rates r-- L_. M change periodically). The U.S.-Ukraine Foundation will notify partnerships when any changes are made in the rates for Ukraine. Travelers will be paid 50% of the per diem rate for the first and last day of the travel time. • The U.S. Partner shall use United States flag carriers and economy accommodations for travel supported by this Agreement All such travel shall be performed in accordance with the travel provisions of the Fly America Act. Regulating documents: It is understood and agreed that the U.S. Partner will follow all USUF and USAID rules and regulations with respect to travel and procurement The U.S. Partner is responsible for being familiar with the following documents: Office of Management and Budget Circulars A -110, A -122, A -21, A -133, A -128, and USAID ADS 253. They are also responsible for being familiar with the attached listing of standard provisions from the CPP USAID Cooperative Agreement (Annex A). Cost - share: Cost - sharing (match) is an integral part of this project, as required by USAID in the Cooperative Agreement, and the project's design calls for a substantial portion of the cost -share to come from the U.S. Partners and their partner institutions. Cost -share is expected to come largely from pro bono time given by professionals traveling to Ukraine and working with interns who are visiting from Ukraine. Additional sources of cost -share include logistical support, including ground transportation, for Ukrainian intems; weekend homestay opportunities for Ukrainian interns; general administrative, program, and clerical support; and space and equipment usage. A hypothetical cost -share breakdown is shown in this chart: COST SHARE Trips to Ukraine 11 it $ 300 $ 36,300 Preparation and Wrap -up 11 5 $ 300 $ 16,500 U.S. Match - Ukrainians to U.S. Weekend homestays 5 4 $ . 150 $ 3,000 Logistical support 5 16 $ 100 $ 8,000 Professional staff time 5 16 $ 300 $ 24,000 U.S. MATCH TOTAL $ 87,800 U.S. Partners will be expected to provide a minimum cost -share amount equaling 80% of their total budget as quoted in Article IV, paragraph 1, although as can be seen from the above chart, it would be possible to provide more, especially taking space and equipment usage into account The U.S. Partner must maintain written records to support all allowable costs which are claimed as being its contribution to cost participation, as well as costs to be paid by the Federal Government Such records should be submitted with quarterly financial reports, and are subject to audit. The Cost -Share Documentation Form is attached in Annex B. Failure to file cost -share documentation could lead to a delay in the processing of advances until such documentation is filed. Cost - sharing may be in the form of allowable direct or indirect costs. The basis for determining the value of cash and in -kind contributions must be in accordance with OMB Circular A -110 (Revised), Subpart C. 23 — Cost Sharing and Matching. Ukrainian partners will also be required to provide a minimum 80% cost -share from similar sources. Allowability: Allowability of costs incurred under this Agreement will be determined in accordance with Office of Management and Budget Circular A -122, "Cost Principles forNonprofit Organizations" However, such costs are limited by the guidelines outlined above and the approved budget. Other expenses: It is understood and agreed that other expenses incurred by the U.S. Partner in carrying out this program shall be met with funds other than those provided by this Agreement. Access to records: The U.S. Partner should maintain accounting records and supporting documentation for three years after the completion of the grant period or the completion of an audit, whichever is later. The U.S.-Ukraine Foundation and the representative of USAID should have full access to the records and documentation related to the program. Article V— Responsibilities A. In carrying out the purposes of this Agreement, the U.S. Partner shall be responsible for. ♦ Developing a work plan for their partnership program jointly with their Ukrainian partners, and in consultation with USUF. An outline and instructions for the work plan will be provided by USUF. The final version of the work plan must be approved by USUF and USAID. ► Identifying and recruiting qualified U.S. local government professionals, public administration faculty members, and other potential training and technical assistance providers to participate in CPP on a volunteer pro -bono basis. The technical assistance volunteers will be expected to: travel to Ukraine and provide on -site training and technical assistance to their Ukrainian counterparts; lecture at CPP Regional Training Centers; assist with U.S.-based internships for visiting Ukrainian partners; author articles for the CPP local government journal; and draft case studies based on their experiences in the program. ► Working with the University of Texas at Tyler (UTT), one of USUF's subcontractors, and USUF to provide training according to the curriculum drawn up by UTT in one or more of the RTCs or in the partner Ukrainian city as deemed appropriate by the U.S. Partner, USUF, and the RTC staff, in consultation. Such training could take the form of guest lectures or the delivery of one -day courses in public administration as developed by UTT. These one-day courses will be based on training kits developed by UTT will be provided in each of the five topic areas for use at the Regional Training Centers and partner cities, as appropriate. Guest lecturers would be selected for their expertise in the subject area. Trainers would be selected for their expertise in the subject area and their training experience. • Managing internship programs for visiting Ukrainian partners. This will include: arranging for airport pick -up and drop -off as well as all local transportation within the U.S.; making lodging arrangements (including weekend homestays); providing interpreters; developing training schedules and setting up meetings; and other related duties. Models and suggestions for internship programs will be provided by USUF in conjunction with their subcontractors. U.S. Partners will also be responsible for providing requested information to USUF on upcoming internships programs so that USUF may obtain USAID approval for each program and intern. ♦ In collaboration with the Ukrainian partner, compiling case studies describing the problem(s) the partnership identified in the work plan, the approach taken to solve it/them, the solutions implemented, and the effectiveness of these solutions. At minimum, one case study should be compiled for each period of the grant, as described above, for a total of two. Case studies will be due within 30 days of the closing date for each period. Case studies can discuss intermediate or final resolutions to problems addressed under this project. These case studies will be used in future training at the Regional Training Centers, made available in the resource section of the RTCs, and posted electronically for the broadest possible availability, in order that other Ukrainian cities may learn from and build on the experiences of the partnerships. A suggested model for the case studies is attached in Annex D. Obtaining a resolution of the relevant city council partnering the U.S. city with the designated city in Ukraine. (Suggested wording attached in Annex E.) -M M M M M M M M M M M Coordinating with USUF the logistics for their U.S. travelers to Ukraine. This will include: notifying USUF of proposed travel dates to Ukraine; collecting and submitting resumes of travelers to USUF; explaining CPP travel regulations and procedures to travelers; purchasing medical evacuation insurance for travelers who are not covered under an existing plan; ensuring that travelers read provided orientation materials; and collecting and submitting completed travelers' expense forms, trip reports, evaluation materials, and cost -share documentation; and other related duties. Coordinating with the University of Texas at Tyler in implementing the evaluation strategy for the project. This may include administration of the "pre- test" for baseline evaluation as early as possible in the partnership's existence, administration of the "post -test" for final evaluation as late as possible in the partnership's existence, and will include incorporation of clear, achievable objectives pegged to USAID Intermediate Results in the initial work plan and the full documentation of the paWership's achievements based on this work plan in the form of quarterly reports and case studies. The tests will be provided if their administration by the U.S. Partner is required. ♦ Coordinating their community's participation in CPP. In this role it is expected that the U.S. partner will maintain frequent contact with USUF and its subcontractors; with their Ukrainian .. counterparts; and with their own municipal bodies that are participating in this program. The U.S. partner should also have strong ties to their community and be able to attract and coordinate participation in the program from educational bodies, local business, civic groups and other interested parties. ♦ Aiding in the promotion and provision of public information on CPP. This will include providing information, including photographs if possible, to the CPP communications staff for press releases, the CPP newsletter, W W W site, and other outlets. The partners are also welcome to develop thew own ' public information materials. However, any materials that reference CPP should include the following statement, "CPP is a project of the U.S.-Ukraine Foundation and is being funded by the United States Agency for International Development." If a partnership were develop any communications products using CPP funding, they would be subject to USAM regulations for development and distribution of said materials. B. -USUF and its subcontractors will make available to the U.S. partners the following services and support: ♦ Program Support: USUF field staff in Ukraine in the Kyiv office and at the Regional Training Centers will work with the partnerships in Ukraine to ensure that work plan development and implementation proceed smoothly. USUF field staff are knowledgeable about both the Ukrainian and the U.S. systems of local government and are available to help translate knowledge and experience from one system to the other. ♦ Technical Support: The University of Texas at Tyler (UTI) will provide U.S. professionals going to Ukraine in a training capacity with a prepared public administration training kit on the subject area they will address in their training. UTI' will also provide U.S. Partners with a model internship program outline, on which partners can base the internship program they develop for visiting Ukrainian professionals. UTT has also developed evaluation pre - tests, post - tests, and guidelines, designed to be as non - burdensome as possible, and will be working with the U.S. partner cities and USUF to implement the evaluation strategy. Communications Support: USUF, specifically the USUF Project Communications Manager, will assist in local public relations to whatever level the U.S. Partner city wishes, including developing and faxing press releases, translating articles, etc., into English, and other tasks as need arises. USUF will also work with the U.S. Partner cities to develop partnership World Wide Web sites linked in with the U.S. Parmer's home page and the USUF home page. USUF will maintain an archive of information about Ukrainian local government, which will be available to U.S. Partners. fli'm • • 402 Orientation: USUF will host a conference for new U.S. Partners to orient them to the political and economic situation in Ukraine, U.S. foreign policy in Ukraine (of which they will be representatives), U.S. programs currently operating in Ukraine, how CPP works, the roles of each of the players, and their responsibilities as CPP participants. In addition, USUF will provide each U.S. traveler with an orientation packet to give them basic information about Ukraine and traveling to Ukraine as well as specific information about local government and the problems it faces in Ukraine. Information about local government in Ukraine: In addition to the information in the orientation packet, USUF will be producing a monthly newsletter about the project and a quarterly journal about local government in Ukraine. USUF also maintains a library of information about local government in Ukraine (translated into English when necessary), which will be available to any CPP participant. Updates on changes in local government in Ukraine will be distributed occasionally. In addition, USUF staff will attempt to answer or find answers to any questions the U.S. Partner has regarding the project, Ukraine, or local government in Ukraine. ♦ Facilitation of Relationships: Tom Gittins of Gittins and Associates will be available io the cities to assist in facilitating relationships between the different institutions involved in this project. ♦ International Travel Support: If requested, USUF will handle the procurement of visas for travelers to Ukraine from the Embassy of Ukraine in Washington, D.C., pick -up and drop-off U.S. travelers at the airport in Kyiv, identification of interpreters in Ukraine (see below), lodging arrangements in Kyiv, and the procurement of internal Ukrainian air and train tickets. If the U.S. Partner desires, USUF will also procure plane tickets for travelers flying on CPP business. Theilkrainian partner city will be responsible for making lodging and ground transportation arrangements in their community. • Interpretation Support: It will be the responsibility of the Ukrainian partner, in association with the U.S.- Ukraine Foundation field staff, to find and if necessary, fund, adequate interpretation services for U.S. advisors traveling to Ukraine. In addition, the U.S.-Ukraine Foundation can fund escort interpretation services for Ukrainian travelers to the U.S. for tbree pairs of Ukrainians traveling together over the term of this grant agreement. USUF requires that par icipants-be provided interpretation from English to the language they request. USUF maintains a list of State Department- certified Ukrainian language interpreters for cities which do not have local Ukrainian interpreters. • Administrative Support: USUF will provide forms for all reports which must be filed to ease this process. These forms are provided in a paper form in Annexes B (financial forms) and C (ravel and quarterly report forms), and will be provided in an electronic form also. Article VI — Reports - Forms or outlines for all reports, program and financial, are included in Annexes B (financial) and C - (program). Future advances will be contingent upon timely submission of travel, quarterly, and financial reports. A. Program Reports: Two types of programmatic reports are required. Both types of reports should be submitted in electronic format to USUF in Washington, DC. U.S. Partners are encouraged to send them via a -mail (usuf0usukroine.or2). Travel reports: First, each U.S. traveler (or set of travelers) must submit a trip report on their visit to Ukraine to USUF within 10 business days of their return to the U.S. A trip report should average 5 -10 pages and contain the following information: traveler(s)' name(s); dates of travel; destination of travel; goal of trip; meetings held; progress toward work plan achievement; problems and solutions; lessons learned for partnership and other travelers; and next steps. An appendix including the list of names and contact information of Ukrainian participants at on -site training events should also be included. M = = = M 0 Quarterly program reports: These reports should average 3-4 pages and include but are not limited to information about activities completed in the previous quarter, activities planned for the coming quarter, and copies of any documents produced, public information materials developed or printed (including local newspaper articles or citations of other local press coverage), and training materials. The final report of each period (July 15, 1999 and June 15, 2000) should be longer (5 -10 pages) and include information about progress toward work plan completion, problems and solutions, and lessons learned, in addition to what is listed above. U.S. partners are encouraged to solicit input and content from their Ukrainian partners for these reports prior to submitting them to USUF. The schedule for quarterly report submission is as follows: Period Covered in Report Report Due Date January I- March 31 April 15 April I- June 30 July 15 July 1- September 30 October 15 October I- December 31 January 15 N.B.: If your MOA is signed in the middle of one of these periods, your first report will be due the following due date. The last quarterly report will be due 15 days after the close of this agreement, June 15, 1000. B. Financial Reports: Financial reports are to be submitted quarterly, and should follow the format provided in Annex B. Cost share documentation should be included with these reports. The U.S. Partner agrees to comply with the requirements of OMB Circular A -133 or A -128 as appropriate. Article VII — Termination of Contract If the U.S. Partner materially fails to perform the objectives of the Agreement or if USAID does not fully obligate funding to the project based on the award budget, this contract may be terminated at any time with an advance 30 -day notification in writing. After receipt of 30 -day advance notification, the U.S. Painter should immediately stop incurring any costs. Any costs incurred after the termination date of the Agreement will be the responsibility of the U.S. Partner and will not be reimbursed by the U.S.-Ukraine Foundation. Article VIII— Amendments or Modifications am It is agreed that no oral statement of any person shall officially modify or affect the terms, conditions, or specifications of this Agreement. Any changes in the terms, conditions, or specifications of the Agreement, other than termination of the Agreement as outlined in Article VII, become effective only when approved in writing by USUF and the U.S. Partner. Article VIII — Interest Earned on Funds Advanced The U.S. Partner shall maintain advances of Federal funds in interest bearing accounts in accordance with OMB Circular A -110, revised. Interest earned on Federal advances deposited in such accounts shall be remitted annually to the U.S. - Ukraine Foundation, address as above, which will transmit it on to USAID. Interest amounts up to $250 per year may be retained by the U.S. Partner for administrative expenses. Article IX — General Conditions The attached General Conditions are made part of this NIOA and compliance of the U.S. Partner with the provisions therein is mandatory. 404 IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the dates indicated herein below. FOR= U.S. PARTNER FOR THE U.S.-UKRAINE FOUNDATION Signature Typed Name —Nadia K_ McConnell_ Title President Date IN WITNESS WHEREOF, the patties hereto have executed this MOA as of the dates indicated herein below. FOR THE U.S. PARTNER Signature JLL Dailey Typed Name Mayor Title City of Little Rock,Date State o ansas August 19, 1998 FOR THE U.S.-UKRAINE FOUNDATION _Nadia K. McConnell_ President