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Home My WebLink About20082296.tiff RESOLUTION RE: APPROVE 2008 WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT AND AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AMERICORPS PROGRAM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with the 2008 Weld County Youth Conservation Corps Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and the Governor's Commission on Community Service, Colorado AmeriCorps Program, commencing October 1, 2008, and ending September 30, 2009, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 2008 Weld County Youth Conservation Corps Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and the Governor's Commission on Community Service, Colorado AmeriCorps Program, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of August, A.D., 2008. BOARD OF COUNTYCOMMISSIONERS , IE�+�� WELD COUNTY, COLORADO ATTEST: atzu / , "'•. . �: CUSED i ' m H. Jerke, Chair Weld ounty Clerk to the :'. mot �i�� , Robert D.- asden; Pro-Tem BY: Dept Clerk the Board Wi''a L7 F. Garcia c O D A M: Gv,� David E. Long /I County Attorney 'y log ouglas ademacher Date of signature: 2008-2296 / HR0079 (16 7 : / SCvt-,:lc-) li9 - Memorandum rt. ,„„ Date: August 25, 2008 I To: William H. Jerke, Chair, Board of County Commissioners C. COLOR ADO From: Judy A. Griego, Director, Human Services Department Jt,8�� c "fi RE: 2008 Contract Memorandumjor the Wild Cot ty Youth Conservation Corps Enclosed for Board approval is the 2008 Contract Memorandum between the Colorado State Department of Personnel and Administration, on behalf of the Governor's Commission on Community Service Colorado AmeriCorps Program, and the Weld County Department of Human Services. This Agreement was reviewed at a Board Work Session on August 18, 2008. The major provisions of the Agreement are: 1. The term of this Agreement is from October 1, 2008 through September 30, 2009. 2. The Agreement is for a total of$151,200.00 and will be paid for out of a combination of Federal AmeriCorps funding, Workforce Investment Act matching dollars, and project fees. There is no Weld County funding associated with the grant. 3. The AmeriCorps program provides work opportunities for local youth to make improvements in the community. Funding is provided for program operating and administrative costs. If you have any questions please give me a call at extension 6510. Filed BM 08 25 08 2.DOC 2008-2296 Page 1 of 1 GOVERNOR'S COMMISSION ON COMMUNITY SERVICE �� L �l„r OFFICE OF LT. GOVERNOR BARBARA O'BRIEN r 225 EAST 1 6T"AVENUE,SUITE B-52•DENVER,COLORADO 80203 1 r_ PHONE:303.866.6426•FAX:303.866.2525 "141., www.COLORADO.GOV/GCCS•GOVERNORS.COMMISSION@STATE.CO.US _ EXECUTIVE DIRECTOR TOYA M.NELSON SENIOR PROGRAM OFFICER Tuly t 1008 2 MARK SKINNER J >L O PROGRAM OFFICER TERRI JUTZI COMMUNITY&VOLUNTEER COORDINATOR JANET MICKISH,PHD 2008 Contract Memorandum PROGRAM ASSISTANT JOVAN MELTON Enclosed please find four(4) copies of the contract between the Department of COMMISSIONERS Personnel and Administration, on behalf of the Governor's Commission on CHRISTINE BENERO, CHAIR Community Service Colorado AmeriCorps Program, and Board of Weld County DENVER Commissioners, Weld County Division of Human Services for the Weld County GARTH SCHAEFER, VICE CHAIR Youth Conservation Corps. DENVER JOHANNA B.GARTON DENVER Please do not make any changes to this contract. JACQUELINE MERRILL On page 10 of 10 of each copy of the contract, please have the individual with ASPEN signature authority in your organization sign below the legal name, print name below DARIUS SMITH signature, then print that individual's title. No seal or notary is required. DENVER MARK SHELTON FORT COLLINS Only one signature by your organization is needed (the "attested by" signature is no LINDSAY MORGAN TRACY longer required). However, a second signature line is there if your organization DENVER requires that two people sign the contract. If not, then just ignore it. After all four (4) RICHARD ESOUIBEL copies have been signed, please mail them to: ALAMOSA p g t" MAUREEN K.MCGUIRE /-� (''� Community JUNCTION Governor's Commission on Community Service AMY HUMBLE ATTN: Mark Skinner COLORADO SPRINGS 225 E. 16`h Ave., Suite B-52 ' THOMAS RAPP FEDERAL HEIGHTS Denver, CO 80203 WALT J.BECKERT DENVER The four(4) contracts will be routed for signatures within the State. This typically BRUCE CLINE will take a minimum of two weeks. After all signatures have been received, a signed EX-0 FFIC IO and executed contract will be mailed to your for your files. Please remember, no expenditures can be reimbursed for work under this contract until a fully executed contract is in place. Please return as soon as possible to avoid any complications or delays in receiving funding. If you have additional questions, please do not hesitate to contact Mark Skinner at 303-866-2565. Thank you for your assistance and patience. "BUILDING A CULTURE OF CITIZENSHIP, SERVICE,AND RESPONSIBILITY IN COLORADO" 0 = P T '777 l(�,.� Contract Number: J O 9 E4 o oo/`/ Weld County Youth Conservation Corps THIS GRANT CONTRACT, is made by and between the State of Colorado for the use and benefit of the Office of the Lieutenant Governor on behalf of the Governor's Commission on Community Service,Colorado AmeriCorps Program, 225 E. 16" Ave., Suite B-52,Denver, Colorado 80203, and its fiscal agent,the Department of Personnel and Administration, hereinafter referred to as the"State"and Board of Weld County Commissioners,Weld County Division of Human Service, Weld County Youth Conservation Corps, PO Box 1805,Greeley,CO 80632, hereinafter referred to as"Contractor" WITNESSETH: WHEREAS, authority exists in the law and funds have been budgeted,appropriated,and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Agency EBB,Fund Number 100,Appropriation Code r' --�J( ,Contract Encumbrance NumberOaff excel,and WHEREAS,the State has applied for and received funding under the authority of the National and Community Service Act of 1990, as amended by the National and Community Service Trust Act,42 U.S.C. § 12501, et seq. and its implementing regulations 45 C.F.R. Part 2510,et seq.,AmeriCorps Grant Award; and WHEREAS,this award does not fall under the requirements of the State's procurement process for the award of grants as adopted in S.B. 03-58; and WHEREAS,Contractor has applied for and is eligible to receive funding under the National and Community Service Trust Act; and WHEREAS,the Governor's Commission on Community Service desires to distribute said funds to Contractor pursuant to this contract and the Governor has approved pursuant to law; and WHEREAS, at the date of execution of this agreement,Contractor meets all other requirements for entering into this contract. NOW THEREFORE,the parties enter into the following agreement: I. Legislative Authority This contract is authorized by and subject to the National and Community Service Act of 1990 as amended, codified as 42 U.S.C. § 12501,et seq., and 45 C.F.R. Part 2510,et seq.,AmeriCorps Grant Award. II. Legal Authority Contractor warrants that it possesses the legal authority to enter into this contract. The person or persons signing this contract on behalf of Contractor also warrant that they have full authorization to execute this contract. III. State Responsible Administrator Questions related to this project or performance under this contract should be directed to the following State Responsible Administrator: Toya Nelson, Executive Director,Governor's Commission on Community Service, 225 E. 16th Ave., Suite B-52,Denver,Colorado 80203, PH: (303)866-2524; FAX: (303) 866-2525. The State may from time to time designate by written notice substitute addresses or substitute Responsible Administrator(s). IV. Scope of Services In consideration for the monies to be received from the State,Contractor shall perform, in a satisfactory and proper manner,as determined by the State, all work set forth in Exhibit B,Statement of Work/Performance Measures and as explained by relevant portions of the Weld County Youth Conservation Corps Grant Proposal submitted to and accepted by the Corporation for National and Community Service,both of which are incorporated by reference, and which collectively hereinafter are referred to as the"Project" Contractor shall provide matching funds in the amounts and cost categories Weld County Youth Conservation Corps Pane 1 specified in the"Grantee Share"of the Budget incorporated in Exhibit A, Budget. The Contractor shall be responsible for performing the Project in accordance with Exhibit B, Statement of Work/Performance Measures. V. Program Requirements and General Provisions Contractor agrees to perform in accordance with,and to comply with, the AmeriCorps Requirements and Provisions issued by the Corporation for National and Community Service,and all revisions,refinements, and modifications as may be made thereto, hereinafter referred to as the"Provisions", which are hereby a part of this contract and incorporated herein by this reference. Copies of the Provisions are provided to Contractor and are available on file with the State. The Contractor shall provide health insurance to all qualified AmeriCorps participants,as specified in the Provisions. VI. Administrator-in-Charge The performance of the Project required herein shall be under the direct supervision of Esther Gesick,Office Manager/Coordinator,(970)356-4000 x 4226, 1551 N. 17th Ave.,Greeley,CO 80623,an employee or agent of Contractor, who is hereby designated as the Administrator-in-Charge of the Project. If at any time the Administrator-in-Charge is not assigned to the Project, a mutually acceptable replacement administrator-in-charge shall be designated, subject to the approval of the State. Contractor shall notify the State of such suggested replacement administrator-in-charge and of Contractor's plan to permanently fill the administrator-in-charge position. Appointment of a temporary or permanent replacement administrator in charge shall be subject to the State's approval. In the event a temporary or permanent replacement administrator-in-charge is unacceptable to the State and Contractor does not produce an administrator-in-charge who is acceptable to the State, the State may terminate this contract for cause. VII. Statement of Work\Performance Measures Modification Procedures. Contractor and the State may agree to modify Exhibit B, Statement of Work\Performance Measures in accordance with the procedures set forth in Section XVI, Subsection 1,"Modification and Amendment,"and shall only be made with prior approval of the State Responsible Administrator. VIII. Period of Performance Contractor shall commence performance of the Project on October 1,2008,or when this contract is approved by the State Controller,whichever is later,hereinafter referred to as the"Effective Date", and shall complete the Project in as expeditious a manner as possible,but in any event the Project shall be completed by September 30,2009. IX. Contract Amount In consideration of the satisfactory performance and delivery of the Project by Contractor under this contract,the State shall reimburse Contractor, subject to additions and/or deductions as provided by or pursuant to any modification,an amount not to exceed One hundred,fifty-one thousand and two hundred dollars, ($151,200), and in no event shall any obligation be made after the end date of this contract. X. Method of Payment The method of payment under this contract shall be cost reimbursement with all contract costs charged to the appropriate corresponding budget categories specified in Exhibit A,Budget,unless otherwise approved by the State. XI. Reimbursement Procedures If Contractor costs incurred are allowable and necessary,as determined by the State,the State may reimburse Contractor monthly and no less frequently than quarterly. To receive payment, Contractor shall submit certified invoices in such form and detail as required by the State.] XII. Advance Payments Monies obligated under this contract may be made available on an advance payment basis, at the State's sole discretion. Utilizing this procedure,cash may be advanced to Contractor to cover estimated disbursement needs for an initial period of one month. Thereafter,Contractor shall be reimbursed for its actual cash expenditures. Such advances shall be Weld County Youth Conservation Corps Patna 2 subject to the following provisions: a. Requests for advance may be made on a need basis. However, no more than one month's advance amount may be outstanding at the end of any two(2)month period. Any advance payments or portion thereof outstanding at the end of the contract period shall become immediately due and payable to the State; and b. The request for advance shall be accompanied by a detailed statement of costs disbursed to date and a detailed estimate of costs to be disbursed during the period covered by the advance. Advance payments may be limited or eliminated at any time by the State, in its sole discretion,should Contractor's lack of performance under this contract present a programmatic or financial risk to the State. XIII. Personnel Contractor shall perform its duties hereunder as a contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be or shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance)and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of Contractor, its employees and agents. Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation Coverage for all its employees to the extent required by law,and for providing such coverage for themselves. Contractor is required to provide Workmen's Compensation coverage to all AmeriCorps Members. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. Contractor shall maintain liability insurance coverage as specified in Exhibit C,Insurance, attached herein. XIV. Equal Employment Opportunities/Affirmative Action Contractor shall ensure Equal Employment Opportunities(EEO)to all individuals as required by law. EEO means that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under,or denied employment in administration of the Project or in any other program because of race,color,national origin,age, condition of a disability, marital status or creed. Contractor shall be governed by the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race,color, or national origin under Title VI of the Civil Rights Act of 1964. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and are subject to all provisions of EEO. XV.. American Disabilities Act Provision Contractor assures the State that at all times during the performance of this contract that no qualified individual with a disability shall,by reason of such a disability,be excluded from participation in or denied benefits to the services, programs,or activities performed by Contractor,or be subjected to any discrimination by Contractor,upon which assurance the State relies. XVI. General Contract Provisions a. Federal Funding. Payment pursuant to this contract is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. In the event that said funds, or any part thereof,becomes unavailable as determined by the State, the State may immediately terminate this contract. b. Reimbursement. Except as otherwise provided herein,the State shall establish billing procedures and reimburse Contractor for actual,reasonable and necessary expenses incurred in providing services pursuant to this contract,based on the submission no less than monthly and no more than quarterly of itemized expenditure statements at the rates specified in Exhibit B, Budget. Any unexpended advance payments or portion thereof outstanding at the end of the contract performance period will become immediately due and payable by Contractor to the State. Except as otherwise provided herein,payments Weld County Youth Conservation Corps Pane 3 • pursuant to this contract shall be made as earned solely to reimburse Contractor's costs, in whole or in part, from available Federal funds encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount of such encumbered funds remaining. In the event this contract is terminated for cause,as defined in subsection(h) and(m),below,payment to Contractor may be withheld at the discretion of the State.] Incorrect payments to Contractor due to omission,error, fraud,or defalcation shall be recovered from Contractor either by Contractor reimbursing the State or by deduction from subsequent payments under this contract or other contracts between the State and Contractor, or by the State as a debt due to the State. c. Confidentiality of Records. In the event Contractor shall obtain access to any records or files of the State in connection with,or during the performance of, this contract,Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. Contractor agrees to notify and advise in writing,all employees,agents, consultants, licensees,or sub- contractors of the said requirements of confidentiality and of possible penalties and fines imposed for violation thereof,and secure from each an acknowledgment of such advisement and agreement to be bound by the terms of this agreement as an employee, agent,consultant,licensee or sub-contractor of Contractor, as the case may be. Any breach of confidentiality by Contractor or third party agents of Contractor shall constitute cause for the State to cancel this contract,without liability; any and all information delivered to Contractor shall be returned to the State. Any State waiver of an alleged breach of confidentiality by Contractor or third party agent of Contractor shall not imply a waiver of any subsequent breach. d. Ownership of Materials and Information. Contractor agrees that all materials, information,data,computer software, documentation,studies and evaluations produced in performance of this contract shall be the sole property of the State. e. Reporting. Unless otherwise specified,Contractor shall submit quarterly fiscal and narrative reports in the format designated by the Corporation for National and Community Service. As this form may undergo revisions,Contractor will be notified 45 days prior to the date reports are to be submitted and will be provided with the reporting format and any additional documentation necessary. The preparation of reports in a timely manner shall be the responsibility of Contractor and failure to comply may result in delay of payment of funds or termination of the contract. Required reports shall be submitted to the Govemor's Commission on Community Service no later than the end of each calendar quarter and upon the expiration and termination of the contract, or at such time as otherwise specified.] f. Records. The Grantee must retain and make available all financial records,supporting documentation, statistical records, evaluation and program performance data,member information and personnel records, for 3 years from the date of the submission of the final Financial Status Report(SF 269A)by Contractor to the State. If an audit is started prior to the expiration of the 3-year period,the records must be retained until the audit findings involving the records have been resolved and final action taken. Contractor shall maintain a complete file of all records, documents, communications and other materials which pertain to the operation of programs or the delivery of services under this contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor,materials, equipment,supplies, and services,and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. All such records,documents,communications,and other materials shall be the property of the State and shall be maintained by Contractor, in a central location and custodian,on behalf of the State, for a period of three(3)years from the date of final payment under this contract, or for such further periods as may be necessary to resolve any matters pending. g. Performance Monitoring. Contractor shall permit the State,the Corporation for National and Community Service,or any other duly authorized agent or governmental agency, to monitor all activities conducted by Contractor pursuant to the terms of this contract. Such monitoring may consist of internal evaluation procedures, examination of program data,special analysis,on-site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with contract work. Contractor authorizes the State or any other duly authorized agent or governmental entity to perform audits or inspections of its records at any reasonable time during the term of this contract and for a period of three(3)years following the termination of this contract. Weld County Youth Conservation Corps Patin d h. Non-performance Remedies. In addition to other specified remedial actions, the State may exercise the following remedial actions should it find that Contractor substantially failed to satisfy or perform any of its duties and obligations in this contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by Contractor. These remedial actions are as follows: I)Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed;2)Request the removal from work on the contract of employees of Contractor whom the State believes as being incompetent, careless, insubordinate,unsuitable, or otherwise unacceptable, or whose continued employment on the contract it deems to be contrary to the public interest or not in the best interest of the State;3)Deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the amount of work or performance lost to the State; or,4)terminate the contract without compensation for termination costs,as described in subsection(m),below. Non-assignability. Unless otherwise provided,the duties and obligations of Contractor cannot be assigned, delegated,nor sub-contracted except with the express written consent of the State. Sub-contracts permitted by the State shall be subject to all the requirements of this contract and Contractor is responsible for the performance of any sub-contract. In addition,except as otherwise provided,this contract shall inure to the benefit of,and be binding upon, the parties hereto and their respective successors and assigns. Copies of any and all contracts entered into by Contractor in order to accomplish this project shall be submitted to the State Responsible Administrator,upon execution, and any and all contracts entered into by Contractor or any of its sub- contractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado, notwithstanding provisions therein to the contrary. j. Litigation. Unless otherwise provided,Contractor shall notify the State within five(5)days after being served with a summons,complaint, or other pleading in a case which involves services provided under this contract and which has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State. k. Continued Performance/Disputes. Any disputes arising under this contract shall be resolved in accordance with AmeriCorps Program regulations and procedures established by the State and the Corporation for National and Community Service. Performance under this agreement shall continue pending resolution of any such dispute. The State shall not participate in or accept binding arbitration for any dispute resolution. 1. Modification and Amendment. i. Modification by Operation of Law. The Contract is subject to such modifications as may be required by changes in federal or state law or regulations,which changes shall be incorporated into this contract automatically. ii. Amendments. Any changes shall be accomplished through formal amendment to the contract pursuant to fiscal rules and shall be incorporated into and be part of this Contract as if fully set forth herein. The State's approval of a contract amendment is not effective until approved according to the State Fiscal Rules, including approval by the State Controller or designee and memorialized in a fully executed amendment. No modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract,properly executed and approved in accordance with applicable law. m. Termination. Any provision of this contract to the contrary notwithstanding, in the event termination of this contract becomes necessary, in the State's sole discretion,to comply with any court order concerning State personal services, contracts generally, or this contract specifically,this contract may be terminated by the State immediately upon the giving of notice to Contractor without further obligation of the State. Otherwise,the State shall have the right to terminate this contract for nonperformance by giving the other party seven(7)days notice by certified or registered mail, retum receipt requested. If notice is so given,this contract shall terminate on the expiration of the seven(7)days,and the liability of the parties hereunder from further performance of the terms of this contract shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. Termination of this contract for nonperformance shall not be construed to limit in any way the State's other available remedies at law for any Contractor's breach. n. Termination For Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of monies under the contract would no longer be served by completion of the Project. The State Weld County Youth Conservation Corps Pane 5 shall effect such termination by giving thirty(30)days written notice of termination to Contractor and specifying the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subsection(d) of this section, shall,at the option of the State,become the State's property. o. Severability. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract,the terms of this contract are severable,and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. p. Lobbying Activities Contractor warrants that it shall comply with Public Law 101-121, Section 319,29 CFR Part 93,restrictions on lobbying. q. Drug-Free Workplace Contractor shall ensure compliance with the Drug-Free Workplace Requirements for Federal Grant Recipients under Sections 5153-5158 of the Anti-Drug Abuse Act of 1988(41 U.S.C. § 702-707). r. Political Activity No funds paid to Contractor hereunder shall be used for any partisan or non-partisan political activity or to further the election or defeat of any candidate for public office;nor shall they be used to provide services, or for the employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this contract with(1)any partisan or non-partisan political activity or any other political activity associated with a candidate,or contending faction or group, in an election for public or party office; (2)any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; (3)any voter registration activity. Contractor shall otherwise comply with the requirements of 5 U.S.C. § 1501-1508, which are incorporated herein by this reference. s. Financial and Uniform Administrative Requirements. Contractor agrees to comply with the AmeriCorps Grant Provisions, other applicable Federal statutes, regulations and guidelines,including the Federal Cash Monitoring Management Rule. Contractor agrees to operate the funded Project in accordance with the approved Grant application and budget, supporting documents,and other representations made in support of the approved Grant application. Contractor shall comply with the applicable Federal cost principles, statutory and administrative provisions,which maybe found in the AmeriCorps Provisions,and are provided to Contractor by the State. t. Audit Requirements. Contractor shall comply with the audit requirements for nonprofit organizations or institutions of higher education covered in OMB Circular A-133,and comply with OMB Circular A-128,which covers requirements for government agencies. The circulars contain the audit requirements for Federal grantees.The purpose of the circulars is to set uniform audit standards and to minimize the need for multiple audits when you have more than one Federal grant. The cost of the audit is an"administrative cost." u. Noncompliance with OMB Standards. If Contractor does not comply with contract terms or OMB requirements, Contractor costs charged to the contract may be questioned or disallowed following an audit. If Contractor's financial management of the contract is seriously inadequate,the State, in its sole discretion,may stop making advance grant payments, suspend funding,terminate the contract, recover funds,or take other legal steps. Most common audit findings resulting in questioned or disallowed costs include: • Inadequate accounting practices; • Poor internal controls; • Inadequate documentation and record keeping; • Inaccurate financial status reports; and • Failure to return interest earned on Federal grant funds to the Corporation for National and Community Service. v. Required Financial Documentation. All costs charged to the contract must be documented. For example, the Contractor must maintain signed time and attendance records for each and every individual employee and payroll documents approved by Contractor's Program Manager or other Contractor-designated official, as approved by the State, Individual time distribution records shall be maintained for allocating an employee's salary between this contract and other funding sources. Source documentation shall be maintained for other costs such as receipts, travel vouchers, invoices,bills, or affidavits. Volunteer costs shall be documented. All in-kind and other matching contributions, including grant awards and receipts from other funding sources shall be documented. Weld County Youth Conservation Corps Pane tt XVII. Discretionary Audit The State,through the Executive Director of the Department,the Colorado State Auditor,or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal govemment or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit Contractor's (and any subcontractor's)records,books,accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the Effective Date of this contract until five(5)years after the date final payment for this Project is received by Contractor,provided that the audit is performed during normal business hours. XVIII. Actions to Achieve Plan During the performance of this contract or for a period of twelve(12)months after the performance of this contract,the State shall have the option to recapture and/or reallocate unexpended funds necessary to achieve planned levels of activity within its total jurisdiction. XIX. Entire Understanding. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the terms of this contract and the State Fiscal Rules. XX. Order of Precedence. In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A. Colorado Special Provisions, B. Remaining pages of the contract, C. Insurance Provisions,Exhibit C D. The Statement of Work/Performance Measures,Exhibit B E. Budget, Exhibit A Weld County Youth Conservation Corps Pane 7 COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Contracts except where noted in italics. I. CONTROLLER'S APPROVAL. CRS§ 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS§24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save,and hold harmless the State, its employees and agents,against any and all claims,damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be construed or interpreted as a waiver, express or implied,of any of the immunities,rights,benefits,protection,or other provisions, of the Colorado Governmental Immunity Act,CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. 2671 et seq.,as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR.4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization,express or implied,to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'compensation (and provide proof of such insurance when requested by the state)and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. laws of the State of Colorado, and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules, and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract,Contractor shall strictly adhere to all applicable federal and State laws,rules,and regulations that have been or may hereafter be established. 7. VENDOR OFFSET. CRS§§24-30-202(1) and 24-30-202.4. Not Applicable to Intergovernmental Agreements].The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for: (a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax,accrued interest,or other charges specified in CRS §39-21-101,et. seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts certified by the State Controller as owing to the State as a result of final agency determination or judicial action. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this contract, including,without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. Weld County Youth Conservation Corps Page 8 9. EMPLOYEE FINANCIAL INTEREST.CRS§24-18-201 and §24-50-507. The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. PUBLIC CONTRACTS FOR SERVICES. CRS§8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract,through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b)shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and(d)shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency,institution of higher education or political subdivision a written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 11. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101. Contractor, if a natural person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised May 13,2008. Weld County Youth Conservation Corps Page 9 Grant Routing Number THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO begat-Name-near Bill Ritter,Jr. GOVERNOR By: ki I,I d (a owl,' 13 0(C Office of the Lieutenant Governor Title: Bruce Atchison, Chief of Staff By: Name&Title of Pe on Signing for Agency or IHE Robert D. Masden , Pro—Tern AUG 2 5 2008 Date: 2;1/4 V g Date: 2nd Grantee Signature if Needed LEGAL REVIEW By: John W. Suthers,Attorney General Title: By: /\/M- Signature-Assistant Attorney General *Signature Date: Date: ALL GRANTS REQUIRE APPROVAL by the STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott,CPA By: CT ----- Date: girt 7- ldt Weld County Youth Conservation Corps Page 10• a?aei-aa 94 ExA; ;.1' 4 Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners,Weld County Division of Human Application ID:08AC083728 Services Budget Dates: Total Amt CNCS Share Grantee Share Section I.Program Operating Costs A.Personnel Expenses 52,657 25,270 27,387 B.Personnel Fringe Benefits 15,797 7,581 8,216 C.Travel Staff Travel 0 0 0 Member Travel 25,500 2,100 23,400 Total $25,500 $2,100 $23,400 D. Equipment 0 0 0 E.Supplies 3,600 1,672 1,928 F.Contractual and Consultant Services 0 0 0 G.Training Staff Training 0 0 0 Member Training 7,680 0 7,680 Total $7,680 $0 $7,680 H. Evaluation 500 0 500 I.Other Program Operating Costs Travel to CNCS-Sponsored Meetings 2,000 0 2,000 Total $2,000 $0 $2,000 Section I.Subtotal $107,734 $36,623 $71,111 Section I Percentage 34% 66% Section II.Member Costs A. Living Albw ance Full Time(1700 hrs) 136,800 95,760 41,040 1-Year Half Time(900 hours) 0 0 0 Reduced Half Time(675 hrs) 0 0 0 Quarter Time(450 hrs) 0 0 0 Minimum Time(300 hrs) 0 0 0 2-Year Half Time(2nd Year) 0 0 0 2-Year Half Time(1st Year) 0 0 0 Total $136,800 $95,760 $41,040 B.Member Support Costs FICA for Members 10,466 7,326 3,140 Worker's Compensation 0 0 0 Health Care 16,416 11,491 4,925 Total $26,882 $18,817 $8,065 Section II.Subtotal $163,682 $114,577 $49,105 Section II.Percentages 70% 30% Section III.Administrative/Indirect Costs A.Corporation Fixed Percentage Corporation Fixed Amount 7,560 0 7,560 Commission Fixed Amount 0 0 0 Total $7,560 $0 $7,560 B.Federally Approved Indirect Cost Rate Section III.Subtotal $7,560 $0 $7,560 Section III Percentage 0% 100% Section I+Ill.Funding Percentages 32% 68% Budget Totals $278,976 $151,200 $127,776 Budget Total Percentage 54% 46% Required Match 34% #of years Receiving CNCS Funds 6 Form 424A Modified SF-424A(4/88 and 12/97) Page 1 Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners, Weld County Division of Human Services Total MSYs 12.00 Cost/MSY $12,600 Form 424A Modified SF-424A (4/88 and 12/97) Page 2 Cxh,t bt L LS • For Official Use Only Performance Measures Service Categories GED/Dropouts Primary ❑ Secondary x❑ Other Environment Primary Secondary ❑ Service Category: Other Environment Measure Category: Participant Development Need Briefly describe the need to be addressed (Max.4,000 characters) Twelve full time AmeriCorps members will annually participate in corps citizenship activities designed to increase their knowledge of their roles, rights, and responsibilities as citizens. Members will participate in at least 20 hours of training covering the 12 month period from September to August the following year. Activity Briefly describe how you will achieve this result(Max 4,000 chars.) AmeriCorps members will participate in a minimum of 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Activity Start Date:01 October 2008 Number of Members: 12 Activity End Date: 01 October 2009 Hours per Day (on average)t Days per Week(on average)2 Results Result: Output Twelve AmeriCorps members will participate in citizenship training activities. Indicator: Number of hours members participate in citizenship training activities Target: AmeriCorps members w ill participate in a minimum of 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Target Value: 20 Instruments:WCYCC training logs PM Statement: AmeriCorps members w ill participate in citizenship training activities. Members w ill participate in a minimum of 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Prey. Yrs. Data:Tw elve full time AmeriCorps members particpated in training in citizenship through the "We the People" curriculum and use of additional information such as Liberty Day Colorado which provides information on the Constitution and the Bill of Rights. Due to early exits from the program not all 12 members received the minimum of 20 hours of training. There was a total of 58 hours of training conducted. Result: Intermediate Outcome Participation in citizenship training activities will increase the corps members' knowledge of their rights and responsibilities as citizens. For Official Use Only Page/ For Official Use Only Result: Intermediate Outcome Indicator: Percentage of members who pass the WCYCC citizenship test. Target: 80% of the members w ill achieve a passing score on the WCYCC citizenship test after completing training. Target Value: 80% Instruments:WCYCC citizenship test PM Statement: Participation in citizenship training activities w ill increase the corps members'know ledge of their rights and responsibilities as citizens. 80% of the members w ill achieve a passing score on the WCYCC citizenship test after completing training. Rev. Yrs. Data:Due to members exiting the program prior to completion, ony 67% of the members passes the WCYCC citizenship test. Result: End Outcome Members will be better prepared citizens as a result of their participation in citizenship training activities. They will understand their roles, rights, and responsibilities as citizens and thereby become more productive members of their community. Indicator: Percentage of members who register to vote and complete commitment card Target: 80% of completing members w ill indicate their intention to vote and be engaged in their communities and to stay out of legal trouble. Target Value: 80% Instruments:WCYCC pledge form. PM Statement: Members w ill be better prepared citizens as a result of their participation in citizenship training activities. They w ill understand their roles, rights, and responsibilities as citizens and thereby become more productive members of their community. 80% of completing members w ill indicate their intention to vote and be engaged in their communities and to stay out of legal trouble. Rev. Yrs. Data:100% of completing members that passed the citizenship test registered to vote and completed a pledge to contniue to volunteer in their community. Service Category: Other Environment Measure Category: Needs and Service Activities Need Briefly describe the need to be addressed (Max.4,000 characters) AmeriCorps members will provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools etc, and which meet the identified needs of local communities. Activity Briefly describe how you will achieve this result(Max 4,000 chars.) For the twelve monht period from October 2008 to October 2009, twelve full time AmeriCorps members will complete a minimum of 24 projects that focus on conservation efforts (inlcuding historical conservation), improve the environment, improve or create recreation areas including parks, trails, pools, etc.. For Official Use Only Page 2. For Official Use Only Briefly describe how you will achieve this result(Max 4,000 chars.) Activity Start Date:01 October 2008 Number of Members: 12 Activity End Date: 01 October 2009 Hours per Day (on average? Days per Week(on average)4 Results Result: Output AmeriCorps members will provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools etc, and which meet the identified needs of local communities. Indicator: participants Target: AmeriCorps members w ill complete a minimum of 24 projects that focus on conservation efforts (including historical conservation), improve the environment, improve or create recreation areas including parks, trails, pools, etc.. Target Value: 24 Instruments: Corps member time sheets and project tracking logs. PM Statement: AreriCorps members w ill provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools etc, and which meet the identified needs of local communities. Members w ill complete a minimum of 24 projects that focus on conservation (including historical conservation), the environment, or create recreation areas including parks, trails, pools, etc.. Prey. Yrs. Data:Members completed a total of 107 projects, 28 of which focused on conservation or environmentla efforts. 116% of the goal was met for the most recent corps year. Result: Intermediate Outcome Services provided to project sponsors will meet or exceed their expectations. Indicator: Number of environmental projects completed Target: 20 of the 24 projects (85%) completed w ill rate the services as meeting or exceeding their expectations. Target Value: 20 Instruments: Project evaluation logs. FM Statement: Services provided to project sponsors w ill meet or exceed their expectations. 20 of the 24 projects (85%) completed w ill rate the services as meeting or exceeding their expectations. Rev. Yrs. Data:100% of the project sponsors completed evaluations forms and of the 28 conservation projects completed, 100% (28 of 28) rated the services received as meeting or exceeding their expectations. Result: End Outcome Service projects will improve/enhance existing recreation areas, increase the user's knowledge of local history, and/or improve/conserve the local environment. Indicator: Percentage of project sponsors identifying that services improved or enhanced existing recreation areas or improved the end user's know ledge of local history. Target: Of the 20 projects completed, 10 or 50% w ill improve or enhance existing recreation areas or improved the end user's know ledge of local history. Target Value: 50% Instruments: Project sponsor evaluations PM Statement: Service projects w ill improve/enhance existing recreation areas, increase the user's know ledge of For Official Use Only Page,1 For Official Use Only Result: End Outcome local history, and/or improve/conserve the local environment. Of the 20 projects completed, 10 or 50% w ill improve or enhance existing recreation areas or improve the end user's know ledge of local history. Rev. Yrs. Data:There was no data for this end outcome last year as this is a revised end outcome based on State Commission input. Service Category: GED/Dropouts Measure Category: Participant Development Need Briefly describe the need to be addressed (Max. 4,000 characters) Those AmeriCorps members who do not possess a high school diploma or GED at time of enrollment will participate in educational activities designed to prepare them to take and obtain their GED. Members will participate in these activities an average of 10 hours a week starting in September and continuing until they obtain their GED. Activity Briefly describe how you will achieve this result(Max 4,000 chars.) t00% of those AmeriCorps members that do not possess a high school diploma or GED at time of enrollment will participate in educational activities for an average of io hours per week until they obtain their GED. Activity Start Date:01 October 2008 Number of Members:4 Activity End Date: 01 October 2009 Hours per Day (on averageg Days per Week(on average)5 Results Result: Output Members who do not possess a high school diploma or GED at time of enrollment will participate in educational activities designed to prepare them to obtain their GED. Indicator: participants Target: 100% of those AmeriCorps members that do not possess a high school diploma or GED at time of enrollment w ill participate in educational activities for an average of 10 hours per week until they obtain their GED. Target Value: 100% Instruments: Lab participation logs PM Statement: Members who do not possess a high school diploma or GED at time of enrollment w ill participate in educational activities designed to prepare them to obtain their GED. Rev. Yrs. Data:There w ere a total of four (4) members who did not possess a high school diploma or GED attune of enrollment. These members participated in educational activities designed to prepare them to to ke and obtain their GED. Result: Intermediate Outcome Participation in educational activities will prepare members to take and obtain their GED. For Official Use Only Page 7 • For Official Use Only Result: Intermediate Outcome Indicator: Percentage of participating members who show a grade gain Target: 90% of participating members w ill show a grade gain in the educational components. Target Value: 90% Instruments: Lab participation logs PM Statement: Participation in educational activities w ill prepare members to take and obtain their GED. 90% of participating members w ill show a grade gain in the educational components. Prey. Yrs. Data:100% of the members who w ere required to participate in the educational components showed a grade gain. Members who used their time wisely realized the most benefit. Result: End Outcome Members who do not possess a high school diploma or GED at time of enrollment will obtain their GED. Indicator: Percentage of participating members who obtain their GED Target Two of the anticipated four members (50%) involved in this activity w ill obtain their GED. Target Value: 50% Instruments: GED test PM Statement: Members who do not possess a high school diploma or GED at time of enrollment w ill obtain their GED. Two of the anticipated four members (50%) involved in this activity w ill obtain their GED. Rev. Yrs. Data:Three members (75%) obtained their GED. The remaining member showed a grade gain of 3.4 grade levels but was unable to obtain his GED prior to exiting the program. Service Category: GED/Dropouts Measure Category: Participant Development Need Briefly describe the need to be addressed (Max. 4,000 characters) Twelve full time AmeriCorps members will participate in a variety of life skill development activities such as First Aid, CPR, Conflict Resolution, STD Awareness,WAIT training, Disability Awareness, Diversity, Team Building, budgeting, and career development activities. Activity Briefly describe how you will achieve this result (Max 4,000 chars.) 8o% of the AmeriCorps members will participate in training activities in First Aid, CPR, Conflict Resolution, STD Awareness, WAIT training, Disability Awareness, Diversity, Team Building, budgeting, and career development activities. Activity Start Date:01 October 2008 Number of Members:12 Activity End Date: 01 October 2009 Hours per Day (on average)t Days per Week(on average)5 Results Result: Output Members will participate in a variety of training activities designed to increase their life skills. Indicator: Percentage of members who participate in life skills activities Target: 80% of the AmeriCorps members w ill participate in training activities in First Aid, CPR, Conflict Resolution, STD Awareness, WAIT training, Disability Awareness, Diversity,Team Building, For Official Use Only Pages For Official Use Only Result: Output budgeting, and career development activities. Target Value: 80% Instruments: WCYCC training logs PM Statement: Members w ill participate in a variety of training activities designed to increase their life skills. 80% of the AmeriCorps members w ill participate in training activities in First Aid, CPR, Conflict Resolution, STD Aw areness, WAIT training, Disability Aw areness, Diversity, Team Building, budgeting, and career development activities. Rev. Yrs. Data:Due to individuals exiting the program prior to completion, only 64% of members participated in traiing activities. Members who remianed in the program completed 10-12.5 hours of instruction in First Aid and adult and infant CPR. Each member also received training in team building, conflict resolution, disability awareness, diversity, and budgeting activities. Completing members received career assessments, training in resume writing, completing job applications, and participated in mock interviews. Result: Intermediate Outcome Members will participate in a variety of training activities designed to increase their life skills. Indicator: Percentage of members who complete a rrinimum of 20 hours of training in a variety of life skills activities Target: 80% of the members w ill increase their life skills by learning new skills. Target Value: 80% Instruments:WCYCC training logs PM Statement: Participation in life skill training activities w ill help prepare members for life after AmeriCorps. 80% of the members w ill increase their life skills by learning new skills. Rev. Yrs. Data:Those members who did not exit the program prior to completion participated in a 10-12.5 hours of training activities which included Adult/Infant CPR, First Aid, conflict resolution, team building, disability aw areness, diversity, and budgeting. Result: End Outcome Members will participate in a minimum of 6 life skill training activities which would include First Aid, CPR, Conflict Resolution, STD Awareness,WAIT training, Disability Awareness, Diversity, Team Building,budgeting, and career development activities. Indicator: Percentage of members who receive certificates of completion in 3 of 6 training activities Target: 80% of the members w ill obtain certificates of completion in 3 out of the 6 training activities. Target Value: 80% Instruments: Certificates of Completion PM Statement: Members w ill participate in a minimum of 6 life skill training activities which would include First Aid, CPR, Conflict Resolution, STD Aw areness, WAIT training, Disability Aw areness, Diversity, Team Building, budgeting, and career development activities. 80% of the members w ill obtain certificates of completion in 3 out of the 6 training activities. Rev. Yrs. Data:Due to individuals exiting the program prior to completion, only 73% of the total members received certificates in at least three three training activities. For Official Use Only Page 4 • • EXHIBIT C: INSURANCE Insurance. The Contractor shall at all times during the term of this Contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended. Upon request by the State, the Contractor shall show proof of such insurance satisfactory to the State. The Contractor shall require each contract with a subcontractor providing goods or services for or in connection with the Project to include insurance requirements substantially similar to the following: a) Subcontractor shall obtain, and maintain at all times during the term of the subcontract, insurance in the following kinds and amounts: i. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the subcontractor's employees acting within the course and scope of their employment. ii. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors,products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: A. $1,000,000 each occurrence; B. $1,000,000 general aggregate; C. $1,000,000 products and completed operations aggregate;and D. $50,000 any one fire. If any aggregate limit is reduced below$1,000,000 because of claims made or paid, the subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Contractor a certificate or other document satisfactory to the Contractor showing compliance with this provision. iii. Automobile Liability Insurance covering any auto (including owned, hired and non owned autos)with a minimum limit as follows: $1,000,000 each accident combined single limit. b) In addition, the Contractor shall require the subcontractor, with respect to all insurance policies in any way related to the subcontract,to: i. name the Contractor and the State of Colorado as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required by the subcontract will be primary over any insurance or self- insurance program carried by the Contractor or the State of Colorado. include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Contractor by certified mail. iii. include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the Contractor and the State of Colorado, its agencies, institutions, organizations,officers,agents, employees and volunteers. iv. be issued by insurance companies satisfactory to the Contractor and the State of Colorado. v. provide certificates showing insurance coverage required by the subcontract to the Contractor within seven (7) business days of the effective date of the subcontract, but in no event later than the commencement of the services or delivery of the goods under such subcontract. No later than fifteen (15) days prior to the expiration date of any such coverage, the subcontractor shall deliver to the Contractor certificates of insurance evidencing renewals thereof. At any time during the term of the subcontract, the Contractor may request in writing and the subcontractor,within ten(10)days, shall supply to the Contractor, evidence satisfactory to the Contractor of compliance with the provisions of this section. • C7‹ G, ihrf C ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/VVYY) 08/07/08 PRODUCER 1-303-773-9999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6399 S. Fiddlers Green Cir ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 I I Greenwood Village, CO 80111 I CONTACT: ANITA BRUNER INSURERS AFFORDING COVERAGE I NAIC# INSURED INSURER A:Colorado Counties Casualty P& Pro ert Weld County - -- - - NSURERB:St Paul Fire S Marine Ins Co ' 24767 P.O. Box 758 INSURERC Lexington Ins Co _ 119437 Greeley, CO 80632 ' INSURER D: _ l INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. __ _I- INSLTR NERD i DATE WDONYE POLICY EXPIRATIONLIMITS LTA NSRD TYPE OF INSURANCE POLICY NUMBER � DATE(MMIDD/YYl DATE IMMIDD/YYI A X GENERAL LIABILITY PER PARTICIPATION CERT. 01/01/08 01/01/09 I EACH OCCURRENCE $250,000 OAMAGS fT RENTED X I COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccuencel ,$ X I CLAIMS MADE OCCUR MED EXP(Any one person) S �_J I '. PERSONALBADV INJURY Ii5250,000 • GENERAL AGGREGATE $• ' GENII AGGREGATE LIMIT APPLIES PER: • PRODUCTS-COMP/OP AGG $250,000 POLICY • JJEOT LOC A AUTOMOBILE LIABILITY PER PARTICIPATION CERT. 01/01/08 01/01/09 COMBINED SINGLE LIMIT $250,000 (Ea accident) 1 n I ANY AUTO ALL OWNED AUTOS BODILY INJURY I5 SCHEDULED AUTOS (Per Person) X HIRED AUTOS ODILY INJURY f— BODILciden0 $ I NON-OWNED AUTOS (Per ac X Claims Made j PROPERTY DAMAGE I (Per accident) $ GARAGE LIABILITY I'. AUTO ONLY-EA ACCIDENT $ '1 ANY AUTO •OTHER THAN EA ACC - $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY GPO6302052 01/01/08 01/01/09 EACH OCCURRENCE $4,750,000 OCCUR X CLAIMS MADE AGGREGATE _ $ -_- '.$ -. 1 DEDUCTIBLE _ ___ S - X RETENTION $ 250,000 $ WC STATU- OTH- WORKERS COMPENSATION AND , 'TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under r SPECIAL PROVISIONS below I E.L.DISEASE-POLICY LIMIT $ OTHER • C EXCESS PROPERTY, SEE ATTACHED 5467143 01/01/08 01/01/09 BLANKET BLDG & PP 75,000,000 A Prop, Mob Eq, Auto PD, XS PER PARTICIPATION CERT. 01/01/08 01/01/09 DEDUCTIBLE $500 150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The State of colorado is named as additional insured as respects General Liability coverage, per form CAPPL Revd 2007 as required by their written contract with the named insured regarding AmeriCorp contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION State of Colorado DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 130 State Capitol REPRESENTATIVES. Denver, CO 80203 AUTHORIZEDREPRESENTATIVE �// USA •-5) ,l ..e.Y-a.,,.� ACORD 25(2001/08)anibru ID ACORD CORPORATION 1988 9506316 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 08/07/08 NAME OF INSURED: Weld County Additional Description of Operations/Remarks from Page 1: Additional Information: Excess Property: Carrier: Lexington Insurance Company Policy # 5467143 Policy Term: 01/01/08 to 01/01/09 $75,000 000 Loss Limit - Excess Property/Real & Personal Property (All Risk Including Earthquake, Flood, Boiler and Machinery) (Annual Aggregate for Earthquake and Flood) $150,000 Deductible SUPP(05/04) �ACORQM CERTIFICATE OF LIABILITY INSURANCE 08/22/2008' PRODUCER (303)773-mg FAX (303)773-9776 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6399 S. Fiddlers Green Circle HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Greenwood Village, CO 80111 INSURERS AFFORDING COVERAGE NAIC# INSURED Weld County, Colorado INSURER A' Midwest Employers Casualty Co P.O. Box 758 INSURERS. Tray Cas & Surety Co of Americ 030059 Greeley, CO 80632 INSURER C: INSURER 0: INSURER E: COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR LTTR ADD'L NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMFDD YIYI VE POLICY IMM/DD/YY11N I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PRFMISFS(Fa nrrnrenrpl CLAIMS MADE I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY II JECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EWC005661 12/31/2007 12/31/2008 X I TORS I ATU- I O R EMPLOYERS'LIABILITY SIR: $450,000 E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Se Insurer's WC Bond B 1951007299685CA 12/31/2007 12/31/2008 Penal Sum: $690,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: AmeriCorp contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, State of Colorado BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 130 State Capitol OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Denver, CO 80203 AUTHORIZED REPRESENTATIVE Karen Graham/AHB . . , ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Additional Coverages and Factors 01/25/2008 Line of Business Coverages for Workers Compensation Coverage Limits Ded/Ded Type Rate Premium Factor Adjst. to reconcile-exp 0.00000 mod. premium Sa 04 / . R n w D r n m D „ - x o m o N n m ,, ` C7 2 '9 C' ti ti a m At n ➢ w N - '{ y e o a Qa. y Z f 'i 3 C. ''`‘ E. 7 n o m 3 �' o a '� ? 'O W trip G D n n = m -. Oy O - �C. b o' 1 T x ,. g- 02, t, -0- no,�., - 3 � = e n 5 p °A_ -o° 0 ^ D 3 a d ft ti m D a - ca > $ n n as a 3 ° =_ R a N 3 q "i m n n - -0 ^, CO IA E. Y F C ` 5 `�' '3_ $ A4. 5' = m g - a _ x a 3 = A 3 r2 'Ow 9 = W ' m 9 ° e L ^ " n z p a a c 0 °' ,., ➢ ft. u. w • ,.., el 0 a 0 0 0 u, O F A 5 0 0 0 Z ,"i, o N o w o 0 0 0 0 0 0 0 .m—. ^o w S c t n C —' • a ° — wla Usi - SS O y i m w ' ' _ 0 0 0 In ca 0 `-l `ND O N O J 0 0 th - 0 0 0 00 0 0 ➢ e V O P ➢ ° o w - PC O2 n `" l b w - _ - o la, In w ti ,., -. -Do 0p '418081-,?, 00 - 0a 0 O _ C n 2 - 0- 00 ➢ O ➢ 0 0 0 0 J 0 0 0 O 0 0 — O O Co `a J C 1 n C Z o N C N 10 O o O O 0 0 0 0 0 0 0 e O O O O O O O O O O O O 8 0 $ 8 40000080o 8 8 8 n C - > o 0 0 0 0 0 0 0 0 0 0 0 g o o • -• ❑ e to m 'C N• 9 G O O 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 O O0 O 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 n -. Y O O 0 O O O O O O O O O O O 0 6 z to to to O O -- O "' O e o o e 0 0 0 0 0 0 o O O o 0 o 0 O O O o 0 0 - f. 0 0 0 0 0 O 0 8 8 8 8 8 8 8 8 8 8 eo 8 8 8 8 8 8 8 p 8 8 8 8 8 : ` r C -a z ' .. ,. °_ a> • s. l'0% ^ 3 'C O Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a n vl n at g n K = < 1. m • • M b - ^i c , ra O :� v a • ~Yt n ° 0 0 0 0 o 0 0 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 0 A ' O 1 Ca. _ I � N w n % , m Lb - a N _ _ ,0 n n m a ' a ,., 0 P w o o u O o 0 0 - ,.n w 4 4 .- e o 0 o a 0 0 0 0 U - W ,, o J a ,., e a J - - ,N., - N a n - 0 a a o, b, o, - m O 0 `O O N 0 J 0 0 .L000000 .100 ,0040 0 0. 0 0 0 0 ➢ O o O ➢ ➢ CSpy #h — - -1 Ofi J V ti O N Na O, - m O _ E W o 0 O - 0 0 O ➢ O A o 0 0 0 J CI 0 0 0 O 0 0 - 0 0 0 •004 i $HI Sft el Esther Gesick From: Bill Jerke Sent: Thursday, August 28, 2008 4:49 PM To: Ted Long Cc: Esther Gesick; Judy Griego; 'Mark.Skinner@state.co.us' Subject: RE: Contract change approval requested for document 208-2296 To whom it may concern, I, Bill Jerke, Chairman of Weld Board of Commissioners have signed said documents and agree with requested changes. Bill Jerke Original Message From: Ted Long Sent: Tuesday, August 26, 2008 9:38 AM To: Bill Jerke Cc: Esther Gesick; Judy Griego; Ted Long; Mark.Skinner@state.co.us Subject: Contract change approval requested for document 208-2296 The Governor's Commission has requested the Board of County Commissioners approve the changes to the 2008-2009 contract between the Board of Weld County Commissioners, Weld County Division of Human Services for the Weld County Youth Conservation Corps AmeriCorps program which was signed yesterday August 25, 2008 under document number 2008-2296. The attached email was mistakenly removed from the signature packet for yesterday's Board meeting. The changes are listed in the following email and do not change funding, period of performance, or services to be performed. I have talked with Esther Gesick today and if you have questions she has indicated that you should contact her and she will assist you in what needs to be done. If you approve the changes you can reply to all in this email indicating your approval and that should suffice for what the Governor' s Commission needs. From: Skinner, Mark [mailto:Mark.Skinner@state.co.us] Sent: Wednesday, August 13, 2008 9:41 AM To: Tami Grant Cc: Ted Long Subject: contract change approval requested While processing your 2008-09 AmeriCorps contract several changes were requested by our contracting agency. Those changes are noted below. 1 A response approving the changes by the person who signed the contract at your organization is required to fully execute your contract. I have not yet received your contracts in the mail. If you are still awaiting approval by the Board of Weld County Commissioners, please include this message with the contracts for their review and approval. As soon as possible, please respond by email with approval to the following changes: 1. Contract document a. Contract repaginated. 2. Exhibit A (Budget) a. Exhibit A appropriately marked as an exhibit and repaginated. b. Printer and report dates removed. 3 . Exhibit B (Performance Measures) a. Exhibit B appropriately marked as an exhibit and pages repaginated. b. "DRAFT" deleted from pages. 4 . Exhibit C (Certificate of Insurance) 2 a. Exhibit C appropriately marked as an exhibit. Thank you. Mark Mark Skinner, Senior Program Officer Governor's Commission on Community Service Office of Lieutenant Governor Barbara O'Brien 225 E. 16th Ave. , Suite B-52, Denver, CO 80203 mark.skinner@state.co.us cmailto:mark.skinner@state.co.us <mailto:mark.skinner@state.co.us> > PH: 303.866.2565 (direct) ; PH: 303 .866.6426 (main) Toll Free: 866.333.2202; FAX: 303.866.2525 Visit us online at: http://www.colorado.gov/gccs "Building a culture of citizenship, service, and responsibility in Colorado" 3 ` � 2.. GOVERNOR'S COMMISSION ON COMMUNITY SERVICE a riff OFFICE OF LT. GOVERNOR BARBARA O'BRIEN I'0 f , 225 EAST 16TM AVENUE,SUITE 6-52•DENVER,COLORADO 8O2O3 * PHONE:303.866.6426•Fax:303.866.2525 V� WWW.COLORADO.GOV/GCCS•GOVERNORS.COMMISSION@STATE.CO.US '!^.., • ry'n 7„ ly COMMISSIONERS 2 1'• 27 CHRISTINE BENERO, CHAIR September/f, 2008 DENVER GARTH SCHAEFER, 1� VICE CHAIR Robert D. Masden, Pro-Tem DENVER Weld County Board of Commissioners P.O. Box 1805 ROBERT S.ARCINIAGA ELIZABETH 1551 N. 17t' Ave. CHERYL ARMSTRONG Greeley, CO 80632 DENVER WALT J.BECKERT Dear Mr, Masden. DENVER IVI Masden: RICHARD ESQUIBEL ALAMOSA Congratulations! Enclosed is your copy of the fully executed contract with the JOHANNA B.GARTON Governor's Commission on Community Service Colorado AmeriCorps Program. The DENVER period of performance for your"Weld County Youth Conservation Corps" contract AMY HUMBLE is October 1, 2008 through September 30, 2009 (this can be found on page 2 of your COLORADO SPRINGS contract). This means you are able to receive reimbursement for expenditures MAUREEN K.MCGUIRE GRAND JUNCTION authorized under this contract between those dates. Please note that all AmeriCorps JACQUELINE MERRILL members must complete their terms of service within a period of no less than nine ASPEN months and no longer than twelve months. THOMAS RAPP FEDERAL HEIGHTS You will be asked to complete a number of reports and forms throughout the grant year. MARK SHELTON FORT COLLINS Please take time to read the enclosed 2008 AmeriCorps Provisions. These are the DARIUS SMITH federal rules pertaining to AmeriCorps and include the basics of managing an DENVER AmeriCorps program. Reporting due dates are also outlined in the box below. LINDSAY MORGAN TRACY DENVER REPORTING REQUIREMENTS REPORT PERIOD DATE DUE BRUCE CLINE • Intent to Apply form for recompete October 1,2008 (fax or mail to E%-OFFICIO application GCCS) • Recompete application submitted November 15.2008(in eGrants) Progress Report Program start date to Oct.31 11/15/09 ..- Request for Reimbursement/Expense No later than 11/30/09 or monthly EXECUTIVE DIRECTOR TOYA M.NELSON Report Form Progress Report 11/1/08 through 6/31/09 6/15/09 SENIOR PROGRAM Request for ReimbursemenUExpense No later than 2/28/09 or monthly. OFFICER Report Form MARK SKINNER Updated Progress Report data for end Through end of program year and for Sixty days after end of program year PROGRAM OFFICER of year(memo programs extending past 9/30/08 TERRI JUTZI to GCCS) ✓ Request for Reimbursement/Expense June 1,2009 through end of program year No later than 5/31/09 or monthly COMMUNITY$VOLUNTEER COORDINATOR Report Form JANET MICKISH,PHD . Member enrollment forms or member Within 30 days of enrollment or PROGRAM ASSISTANT change of status/change of term change of term/status JOVAN MELTON Member exit forms(eGrants) Reimbursement/Expense Report Form No later than 8/31/09 or monthly • A-133 for organizations receiving over Most recent fiscal year Upon completion and upon $500,000 in federal funds,regardless of submission of Continuation the source. Organizations application. Mail to GCCS. that receive less than$500,000 in federal funds must submit a regular financial statement audit. Submit to GCCS via mail. "BUILDING A CULTURE OF CITIZENSHIP, SERVICE, AND RESPONSIBILITY IN COLORADO" I hope this information is helpful. Please do not hesitate to call Mark Skinner at 303- 866-2565, or Terri Jutzi at 303-866-2572 if you have questions. Sincerely, A n k_ Via.n - — Toya M. Nelson Executive Director Cc Tami Grant Encl. Contract(2008-09 Program Year) GCCS Request for Reimbursement/Expense Report form 2008 AmeriCorps Grant Provisions Colorado Service Network Contact List 4 GOVERNOR'S COMMISSION 225E.16"AVE,SUITE B-52,DENVER,CO80203 PH: (303)866.6426 FAX: (303)866-2525 ON COMMUNITY SERVICE GOVEHiTOPWWWW.COLOR DO.GOVMCCS 2008 Colorado Service Network PARTNER AGENCIES The National Service Partner Agencies include: Governors Commission on Community Service (GCCS), the Corporation for National and Community Service (CNCS), the CNCS State Office, Learn & Serve K-12, Learn & Serve Higher Ed, and the National Civilian Conservation Corps (NCCC). Governor's Commission on Community Service 225 E. 16th Ave., Suite B-52, Denver, CO 80203 PH: (303) 866-6426; FX: (303) 866-2525 Toya M. Nelson, Executive Director, (303) 866-2524 toya.nelsonstate.co.us Mark Skinner, Senior Program/PDAT Officer, (303) 866-2565 mark.skinnerstate.co.us Terri Jutzi, Program Officer/State Disability Coordinator, (303) 866-2572, terri.jutzi(a�state.co.us Janet Mickish, Community Planning and Volunteer Service Initiatives Coordinator, (303) 866- 6408, janet.mickishstate.co.us Jovan Melton, Program Assistant, (303) 866-6426, jovanmelton(r�state.co.us Corporation for National and Community Service, State Office Denver Federal Center, Bldg. 46, PO Box 25505, Denver, CO 80225-0505 FX: (303) 236-2039 `Bruce Cline, State Director, (303) 236-2035, bcline@cns.gov *Dan Dunlap, State Program Specialist, (303) 236-2034, ddunlap o(�cns.gov *Kathie Ferguson-Avery, Area Manager, (303) 236-2036, kferquso(a�cns.gov *Cee Cee Molineaux, Emergency Management Coordinator, (303) 236-2032, CMolineaux( cns.gov Colorado Dept. of Education, Learn and Serve K-12 201 E. Colfax Avenue, Denver, CO 80203 PH: (303) 866-6897; FX: (303) 866-6722 *Garth Schaefer, Director, (303) 866-6867, schaefer qOcde.state.co.us National Civilian Community Corps Walsh Hall, Room 136, 3001 S Federal Blvd., Denver, CO 80236-2711 PH: (303) 844-7400; FX: (303) 844-7410 *Barbara Lane, Director, Central Region, ext 7401, blane(th.cns.gov Phil Rudy, Director of Projects and Training, ext 7405 prudy(cr�cns.gov Lynette Murphy, Training Manager, Imurphy(a�cns.gov, ext 7442 K-12 Community Based Learn & Serve — Regis University Intermountain West — UCAN AmeriCorps Program - Colorado Campus Compact 3333 Regis Blvd., UCAN = Mail Box B-7, Main Hall 312; K-12 L&S = B-6, ALC Denver, CO 80221- 1099, PH: (303) 964-5084; FX: (303) 964-5299 Paul Alexander, palexand(a.regis.edu Theresa Cusimano, Executive Director, (303) 458-4193, cscreqis.edu *Stephanie Schooley, AmeriCorps Coordinator, (303) 964-5084 sschoole(a regis.edu Prepared by the Colorado Governor's Commission on Community Service Revised 9-8-0E 2 Jami Hiyakumoto, AmeriCorps Program Assistant (303) 964-5298 *Karen Stran, Learn & Serve Coordinator 303-964-5206, kstran(a regis.edu DIRECT GRANTEES OF THE COMMISSION CARENET AmeriCorps Adams County School District 14, 5291 East 60th Ave., Commerce City, CO 80022 PH: (720) 322-8113; FX: (303) 289-1120 *Kathryn Gray, CARENET AmeriCorps Program coordinator, kiqravacsd14.k12.co.us Tom Jagow, Grants Accountant, tjagow@acsd14.k12.co.us Colorado HIPPY AmeriCorps Colorado Parent and Child Foundation, 1775 Sherman Street, Suite 2075, Denver, CO 80203 PH: (303) 860-6000; FX: (303) 860-7110 *Melissa Kelley, Executive Director, Melissa@cpcfonline.org *Erica Severson, Program Associate ericaacpcfonline.orq Sara Marquez, Grants Manager/Accountant, sara@cpcfonline.org Community Partnership for Youth in Transition City and County of Denver, 1200 Federal Blvd., Denver, CO 80204 FX: (720) 944-1716 *Pearl Lopez, Program Director, office: (720) 944-1006, pearl.lopez(a)dhs.co.denver.co.us Jamie Gulick, Program Coordinator: (720)944-2800, Jamie.qulick(c�denvergov.orq Miyuki Harville, DHS Financial Services, (720) 944-2865, miyuki.harville(c�denvergov.orq Mesa State College AmeriCorps Project Mesa State College, 1100 N. Avenue # 127, Grand Junction, CO 81501 FX: (970) 248-1157 *Pat Verstraete, Program Director, (970) 248-1874, pverstra@mesastate.edu *Angie Bertrand, Asst. Director, (970) 248-1196, angieb(&mesastate.edu Joe Taylor, Controller, (970) 248-1907, fax 970-248-1061, jtaylor@mesastate.edu Mile High Youth Corps (DBA year One, Inc.) 1801 Federal Blvd., Denver, CO 80204 PH: (303) 433-1206; FX: (303) 433-5997 Kelly Causey, Executive Director, (303) 433-1206 x 225, kellyca(�mhyc.net Shanda Vangas, Director of Development, (303) 433-1206 x 324, shandavmhyc.net Donna Munip, Director of Finance, (303) 433-1206 x326, donnam(a�mhyc.net Weld County Youth Conservation Corps PO Box 1805, 1551 N 17th Avenue, Greeley CO 80632 FX: (970) 356-3975 *Tami Grant, Program Director, (970) 353-3800 x 3362, tgrant@co.weld.co.us Dennis Bogott, Fiscal supervisor, 970-353-3800 x 3350, dboqottco.weld.co.us EDUCATION AWARD ONLY PROGRAMS Colorado Youth Corps Association 225 E. Sixteenth Ave., Suite 1180, Denver, CO 80203 t• 3 r Phone: (303) 863-0600, FX: (303) 863-0610 *Jennifer Freeman, Executive Director, (303) 863-0602, jfreeman ancyca.orq *Mara McGuin, Program Manager, (303) 863-8304, mmcquin(@cyca.orq Susan Carlson, Contracts & Fiscal Manager (303) 863-0603 scarlson(c�cyca.orq Partners in Routt County, Healthy Lifestyles Mentoring Program 1370 Bob Adams Drive, # 216 (PO Box 774325), Steamboat Springs, CO 80477 Phone: (970) 879-6141 Libby Foster, Executive Director, libbv(@,partnersrouttcounty.org *Melissa Calhoon, Program Coordinator, Melissa(&partnersrouttcounty.orq United Methodist Church of Center P.O. Box 626, 387 South Broadway, Center, CO 81125 Phone: (719) 256-4662 *Yvonne Morfitt, Project Manager, dymorfittfairpoint.net SUBGRANTEES OF DIRECT GRANTEES CO Youth Corps Association SUBGRANTEE: Weld County Youth Conservation Corps (WCYCC) PO Box 1805, 1551 N 17th Ave., Greeley CO 80632 FX: (970) 356-3975 *Tami Grant, Program Director, (970) 353-3800 x 3362, tgrant(a�co.weld.co.us Dennis Bogott, Fiscal supervisor, 970-353-3800 x 3350, dbogott(a�co.weld.co.us SUBGRANTEE: Western Colorado Conservation Corps (WCCC) 735 S. Ave., Grand Junction, CO 81501 FX: (970) 852-2477 Rusty Lloyd, director, (970) 241-1027, rlloyd(c�mesapartners.orq *Sarah Reed, Assistant Director, (970) 241-1027 x11, sreedmesapartners.orq SUBGRANTEE: Southwest Conservation Corps (SCC) 701 Camino Del Rio, Suite #101, Durango, CO 81303 FX: (970) 259-9424 Harry Bruell, President/ CEO, (970) 259-8607, harry(a)sccorps.orq Chris Nesset, Executive Director, (970) 259-8607, chris a(�sccorps.orq *Eli Herb, Recruitment Coordinator, (970) 259-8607 x1, eli ansccorps.orq SUBGRANTEE: Larimer County Youth Conservation Corps (LCYCC) 200 W. Oak Street, # 5000, PO Box 2367, Fort Collins, CO 80522 PH: (970) 498-6630; FX: (970) 498-6670 Dena Jardine, Program Director, (970) 498-6623, dlardine(c�larimer.orq *Maelly Oropeza, (970) 498-6630, moropeza(a�larimer.orq SUBGRANTEE: Mile High Youth Corps (MHYC) 1801 Federal Blvd., Denver, CO 80204 PH: (303) 433-1206; FX: (303) 433-5997 Kelly Causey, Executive Director, (303) 433-1206 x 25, kacausey( mhyc.net Shanda Vangas, (303) 433-1206 x 24, shandav(a�mhyc.net 4 SUBGRANTEE: Colorado Range Riders Youth Corps (CRRYC) PO Box 1583, 109 North Front Street, Sterling, CO 80751 PH: (970) 522-7322 *Helena Shea, Executive Director, 970-580-1262, corangeriders@hotmail.com SUBGRANTEE: Rocky Mountain Youth Corps (RMYC) 1370 Bob Adams Drive, # 318 (PO Box 775504), Steamboat Springs, CO 80477 FX: (970) 876-2135 Gretchen Van De Carr, Executive Director, (970) 879-2135, rmyc1@sprinosips.com *Mark Wertheimer- Program Director (970) 879-2135 mark@rockvmountainyouthcorps.orq SUBGRANTEE: Colorado Legends and Legacies Youth Corps (CLLYC) 1506 N. Hancock Ave., Colorado Springs, CO 80903 Contact: Michele Hanley, (719) 630-7421, sfryc@adelphia.net Colorado HIPPY Corps SUBGRANTEE: Jeffco HIPPY Corps, Jeffco Family Literacy Center 5280 W. Ohio Ave., Lakewood, CO 80226 PH: (303) 982-0014; FX: (303) 982-0392 Michelle Brown, HIPPY Coordinator, mrbrown@ieffco.k12.co.us SUBGRANTEE: San Luis Valley HIPPY Corps Polston Elementary School, 6935 State Highway 17, Alamosa, CO 81101 FX: (719) 589-5632 *Jackie Vigil, HIPPY Coordinator, (719) 589-6815 , jvigil@alamosa.k12.co.us Theresa Maldonado, Assistant Coordinator, Costilla County, (719) 672-3983, theresa maldonado@hotmail.com SUBGRANTEE: Metro/Quigg HIPPY Corps Metropolitan State College Family Literacy Center, 4440 Navajo St., Denver, CO 80211 FX: (303) 455-6646 Adrian Wycoff, Family Literacy Director, (303) 458-8063 / (303) 556-2142, wycoff@mscd.edu SUBGRANTEE: Focus Points Focus Points Family Resource Center, 3532 Franklin St., Denver, CO 80205 FX: (303) 293-9386 `Crystal Munoz, HIPPY Coordinator, (303) 292-0770, crystalm@focuspoints.org SUBGRANTEE: Adams County Head Start 7111 East 56th Ave., Commerce City, CO 80022 PH: (303) 655-9125, FX: (303) 655-1846 Lorrel Esterbrook, HIPPY Coordinator, (303) 292-0770, lesterbrook@co.adams.co.edu 5 NATIONAL DIRECTS Alliance for Catholic Education (ACE) University of Notre Dame, Notre Dame, IN 46556-5660 Mary Jo Kocovski, Associate Director, ACE Program, (574) 631-5157, adams.76( nd.edu Boulder I Have A Dream AmeriCorps 2515 E. Sterling Circle #200, Boulder, CO 80301 PH: (303) 444-3636; FX: (303) 444-3638 *Kathie Williamson, Program Director, x12 kathie.Williamson a(�ihadboulder.orq Boys Hope Girls Hope 12120 Bridgeton Square Drive, Bridgeton, MO 63044 PH: (314) 298-1250 *Barb Mead, bmead(c�bhgh.orq Catholic Network of Volunteer Service 6930 Carroll Avenue, Suite 506, Takoma Park, MD 20912-4423 PH: (301) 270-0900; FX: (301) 270-0901 Thomas Howard, CNVS AEAP Coordinator, thoward a(�cnvs.orq Citizen Action AmeriCorps Program (CAAC) Hands on Network/ Metro Volunteers, 600 Means Street, Suite 110, Atlanta, GA 30318 PH: (404) 979-2917 Hands on Network Contact: Tamika Brown, tbrownhandsonnetwork.orq `Program Contact for Colorado: Kristy Judd, Executive Director, Metro Volunteers, Denver, 444 Sherman St. Denver, CO. 80203 303-282-1234 kristyi(&,metrovolunteers.orq Colorado Campus Compact / UCAN AmeriCorps 3333 Regis Blvd., B-6, ALC 309, Denver, CO 80221-1099 FX: (303) 871-3708 Stephanie Schooley, AmeriCorps Program Director, (303) 871-3703, sschoole a(�,regis.edu Community HealthCorps — Englewood CO 3515 South Delaware, Englewood, CO 80110 PH: (720) 833-0885 x 113 Luci Lyon, Community HealthCorps Program Manager llvon@mcpn.orq Community HealthCorps — Ft. Lupton CO 1115 Second Street, Fort Lupton, CO 80621 Andrew Bienstock, (303) 892-0004 ext. 227, abienstock(a�saludclinic.orq Denver Habitat for Humanity AmeriCorps Program 1500 W. 12`h Ave., Denver, CO 80204 FX: (303) 543-2727 *Jeanne Fischetti, Director of Volunteers, (303) 534-2929 ext. 136, jeanneahabitatmetrodenver.orq 6 Denver Wildlife Habitat Federation 445 Union Blvd. #302B, Lakewood, CO 80228 PH: (303) 987-0400 Wayne East, cwfed(a�coloradowildlife.orq Eagle Rock School — Public Allies Fellowship Program 2750 Notaiah Road, Estes Park, CO 80517 PH: (970) 586-0600; FX: (970) 586-4805 Margrette Castro, Regional Director, eaglerock(c�publicallies.orq *Mark Palmer, Program Director, x 1332 markp(a publicallies.orq Equal Justice Works 2129 L Street, NW, Suite 450, Washington, DC 20037-1541 PH: (202) 466-3686 Megan Blamble, Program Manager, mblambie(a�equaliusticeworks.orq Immigration and Refugee Services of America 1717 Massachusetts Avenue, NW, Suite 200, Washington, D.C. 20036 PH: (202) 797-2105; FX: (202) 797-2363 Ellen Mercer, emercerirsa-uscr.orq Metro Community Health Corps MCPN Clinics, 3515 South Delaware St., Englewood, CO 80110 Luci Lyons, Program Manager, (720) 833-0885 x113, Ilyons@mcpn.orq San Luis Valley Immigrant Resource Center Citizenship AmeriCorps Program, PO Box 1534, Alamosa, CO 81101 FX: (719) 587-0045 Tomas Wallis, Educational Outreach Coordinator, (719) 587-0045 tomas a(�slvirc.orq 4' 2008 AMERICORPS GRANT PROVISIONS Effective May 20,2008 These AmeriCorps Grant Provisions are binding on the grantee. By accepting funds under this grant, the grantee agrees to comply with, and include in all subgrants, the AmeriCorps Provisions, all applicable federal statutes, regulations and guidelines, and any amendments thereto. The grantee agrees to operate the funded program in accordance with the approved grant application and budget, supporting documents, and other representations made in support of the approved grant application. For the purposes of these Provisions, "AmeriCorps" refers to AmeriCorps State and National grantees only. The term grantee is used to connote either grantee or subgrantee, as appropriate, throughout these Provisions. TABLE OF CONTENTS I. Changes to the 2008 AmeriCorps Grant Provisions 2 II. Legislative and Regulatory Authority 5 III. Other Applicable Statutory and Administrative Provisions 5 A. States, Indian Tribes, U.S. Territories and Local Governments 5 B. Nonprofit Organizations 5 C. Educational Institutions 5 D. Other Applicable Statutes and Regulations 6 E. Order of Precedence 6 IV. AmeriCorps Special Provisions 6 A. Definitions 6 B. Affiliation with the AmeriCorps National Service Network 7 C. Member Recruitment, Selection, and Exit 8 D. Supervision and Support 9 E. Release from Participation 10 F. Living Allowances, Other In-Service Benefits, and Taxes 10 G. Member Records and Confidentiality 12 H. Budget and Programmatic Changes 13 I. Reporting Requirements 14 J. Grant Period and Incremental Funding 15 V. General Provisions 15 A. Responsibilities under Grant Administration 15 B. Financial Management Standards 16 C. The Office of Inspector General 17 D. Program Income 17 E. Safety 18 F. Non-discrimination Public Notice and Records Compliance 18 G. Grants Products 19 H. Suspension or Termination of Grant 19 I. Fixed Amount Award (Education Award Programs Only) 19 J. Trafficking in Persons 20 VI. Attachment Grant Program Civil Rights and Non-Harassment Policy 22 Revised—5/27/2008 I. CHANGES IN THE 2008 AMERICORPS GRANT PROVISIONS A previously separate set of Provisions for Education Award Programs (EAPs) has been incorporated into these 2008 AmeriCorps Provisions. The Corporation will no longer maintain two separate sets of Provisions. The Provisions were edited throughout for clarity and accuracy. The AmeriCorps Statute, Regulations, these Provisions, and the Policy FAQs can be found in keyword searchable format here: http://www.americorps.gov/for_organizationsimanage/index.asp. The following sections from the 2007 Provisions were deleted or revised in the 2008 Provisions. Section IV. A. 1. The definition for"AmeriCorps National Service Network" was deleted and can be found in the Policy FAQ entitled Definitions. Section IV. A. 2. The definition for"Approved National Service Position" was deleted and can be found in the AmeriCorps regulations 45 CFR 2550.20. Section IV. A. 3, 6 and 7. The definitions for"Faith Based Organization," "Parent Organization," and "Service Recipient" were deleted as immaterial to these Provisions. Section IV. B. 3. and 4. on AmeriCorps Service Gear and Participation in AmeriCorps Events were deleted and can be found in the AmeriCorps regulations 45 CFR 2520.65 and 2522.100(n), and the Policy FAQ entitled Member Service Gear. Section IV. C. on Enrollment was revised, re-titled "Member Recruitment, Selection, and Exit" and includes Exit information. Section IV. C. 1. on Enrollment Procedures was deleted and replaced with former IV. E. 2. Notification to the National Service Trust. Section IV. C. 4. on Reasonable Accommodation, paragraphs 2 and 3 were deleted and can be found in the AmeriCorps regulations 45 CFR 2522.100 (h) and the Policy FAQ entitled Reasonable Accommodation. Section IV. C. 5. on Member Classification was deleted and can be found in the Policy FAQ entitled Member Classification. Section IV. C. 7. on Criminal Charges was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.230(c) and (d) and the Policy FAQ entitled Criminal Charges. Section IV. D. on Training, Supervision, and Support has been re-titled "Supervision and Support." Section IV. D. 1. on Completion of Term can be found in the Policy FAQ entitled Completion of Term. 2 Section IV. D. 2. on Member Contracts was revised and includes a paragraph recommending that a member signs a contract before commencement of service. Section IV. D. 3. on Training and Orientation was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.100(g)(2) and (j) and the Policy FAQ entitled Orientation. Section IV. D. 4. on Service Learning was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.100 (j). Section IV. D. 7. on Registration to Vote was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.100(i) and the Policy FAQ entitled Voting. Section IV. D. 7. (b) was retained. Section IV. D. 8. on Jury Duty was deleted and can be found in the Policy FAQ entitled Jury Duty. Section IV. D. 10. on Armed Forces Reserves was deleted and can be found in the Policy FAQ entitled Armed Forces Reserves. Section IV. E. on Terms of Service, paragraph 1 was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.220 and in the Policy FAQ entitled Definitions. The remainder, on Notification to the National Service Trust, was maintained and moved to IV. C. 1. Member Enrollment and Exit. Section IV. F. on Changes in Member Status was deleted and can be found in the Policy FAQ entitled Changes in Member Status. Section IV. F. 4 includes language to clarify the amount of time a person must serve to qualify for healthcare when serving part time in a full time capacity (former Section IV. 1. 5. d.) Section IV. F 4. on Notice to Childcare and Healthcare Providers was retained and can be found in Section IV. F. 6. Section IV. G. 2. on Required Disclosure by Member of Prior Release for Cause was deleted and can be found in the AmeriCorps regulations 45 CFR 2522.230 (b) (4) and in the Policy FAQ entitled Release for Cause. Section IV. H. on Minor Disciplinary Actions was deleted and can be found in the Policy FAQ entitled Minor Disciplinary Actions. Section IV. 1. 2. d. on Unemployment Insurance was deleted and can be found in the Policy FAQ entitled Unemployment Insurance. Section IV. I. 7. on Administration of Childcare Payments, paragraph 2 was deleted and can be found in the Policy FAQ entitled Administration of Childcare Payments. 3 Section IV. I. 8. on Family and Medical Leave was deleted and eligibility requirements can be found in the AmeriCorps regulations 45 CFR 2523.100 and 2540.220(b). The remainder of the Provision can be found in the Policy FAQ entitled Family and Medical Leave. Section IV. I. 9. on Federal Work Study was deleted and can be found in the Policy FAQ entitled Federal Work Study. Section IV. J. on Post-Service Education Awards, paragraph 1 was moved to C. 6. and retitled Exit. Section IV. J. on Post-Service Education Awards, paragraphs 2 was deleted and can be found in the AmeriCorps regulations 45 CFR 2526.50. Paragraph 3 can be found Policy FAQ entitled Post-service Education Awards. Section IV. K. on Matching Requirements was deleted and can be found in the AmeriCorps regulations 45 CFR 2521.35-2521.95. The section on the Exception for Donated Professional Service can be found in the Policy FAQ entitled Exception for Donated Professional Service. Changes in Matching Requirements implemented through appropriations language are reflected in Application Instructions. Section V. C. on Administrative Costs was deleted and can be found in the AmeriCorps regulations 45 CFR 2510.20 and 45 CFR 2521.95. Section V. D. on Program Income was revised to specify how grantees must use program income in excess of match. Section V. E. on Retention of Records was deleted and can be found in the AmeriCorps regulations 45 CFR 2543.53 and 2541.420. Section V. F. on Liability was moved to Section IV. F. 2. (a). Section V. E entitled Liability and Safety Issues has been retitled Safety. Section V. G. on Non-Discrimination was deleted. The AmeriCorps requirements on non- discrimination can be found in the AmeriCorps regulations 45 CFR 2540.210, the Attachment to these Provisions, the Certifications and Assurances, and the Policy FAQ entitled Non- Discrimination. The sections on Public Notice and Records Compliance were retained. Sections V. I. on Ownership and Sharing of Grant Products, paragraph 3 and V. J. on Publications were merged, revised, and retitled V. G. Grant Products. Section V. I. on Ownership and Sharing of Grant Products, paragraphs 1 and 2 were deleted and can be found in the AmeriCorps regulations 45 CFR 2541.340 and 2543.36. Section V. J. 2. on Materials Provided to the Corporation was deleted and is no longer required. 4 Section V.J. on Trafficking in Persons was added to comply with a government-wide administrative order. Section VI. ATTACHMENTS A revised Grant Program Civil Rights and Non-harassment Policy, effective November 5, 2007, replaces former attachments. II. LEGISLATIVE AND REGULATORY AUTHORITY This grant is authorized by and subject to the National and Community Service Act of 1990 as amended, codified as 42 U.S.C. 12501 et seq., and 45 CFR 2510 et seq. Grantees must comply with the requirements of the Act and its implementing regulations. III. OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS The following applicable federal cost principles, administrative requirements and audit requirements are incorporated by reference. A. STATES,INDIAN TRIBES, U.S. TERRITORIES, AND LOCAL GOVERNMENTS The following circulars and their implementing regulations apply to states, Indian tribes, U.S. territories, and local governments: 1. OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments —45 CFR part 2541. 2. OMB Circular A-87, Cost Principles for State and Local Governments— 2 CFR part 225. 3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations._ B. NONPROFIT ORGANIZATIONS The following circulars and their implementing regulations apply to nonprofit organizations: 1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations—45 CFR 2543 or 2 CFR part 215. 2. OMB Circular A-122, Cost Principles for Nonprofit Organizations—2 CFR part 230. 3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations._ C. EDUCATIONAL INSTITUTIONS The following circulars and their implementing regulations apply to educational institutions: 5 1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations—45 CFR 2543 or 2 CFR part 215. 2. OMB Circular A-21, Cost Principles for Educational Institutions—2 CFR part 220. 3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations._ These documents can be found here: and here: ,• inn,<� u .,., iihi D. OTHER APPLICABLE STATUTES AND REGULATIONS The grantee must comply with all other applicable statutes, executive orders, regulations, and policies governing the grant, including, but not limited to, those cited in these Grant Provisions, the Grant Assurances and Certifications, and those cited in 45 CFR Parts 2541 and 2543. E. ORDER OF PRECEDENCE Should there be any inconsistency among the Notice of Grant Award, the AmeriCorps Special Provisions, the General Provisions, and the approved grant application, the order of precedence is: (I) Notice of Grant Award; (2) the AmeriCorps Special Provisions; (3) the General Provisions; and (4) the approved Grant Application. IV. AMERICORPS SPECIAL PROVISIONS A. DEFINITIONS For purposes of this grant the following definitions apply: I. Grantee, for the purposes of this agreement, means the direct recipient of this grant (45 CFR 2542.510). The grantee is legally accountable to the Corporation for the use of grant funds and is bound by the provisions of the grant. The grantee is responsible for ensuring that sub-grantees or other organizations carrying out activities under this award comply with these provisions, including regulations and OMB circulars incorporated by reference. 2. Sub-grantee refers to an organization receiving AmeriCorps grant funds or member positions from a grantee of the Corporation. See 45 CFR 2541.370. 3. Member or participant means an individual: a. Who has been selected by a grantee or sub-grantee to serve in an approved national service position; b. Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United States; 6 c. Who is at least 17 years of age at the commencement of service unless the member is out of school and enrolled i. in a full-time, year-round youth corps or full-time summer program as defined in the Act(42 U.S.C. 12572 (a) (2)), in which case he or she must be between the ages of 16 and 25, inclusive, or ii. in a program for economically disadvantaged youth as defined in the Act (42 U.S.C. 12572 (a)(9)), in which case he or she must be between the ages of 16 and 24,inclusive; and iii. Has a high school diploma or an equivalency certificate (or agrees to obtain a high school diploma or its equivalent before using an education award) and who has not dropped out of elementary or secondary school in order to begin a term of service as an AmeriCorps member(unless enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under section 484 of the Higher Education Act of 1965, 20 U.S.C. 1091), or who has been determined through an independent assessment conducted by the grantee to be incapable of obtaining a high school diploma or its equivalent. B. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK 1. Identification as an AmeriCorps Program or Member. The grantee must identify the program as an AmeriCorps program and members eligible for an education award as AmeriCorps members. 2. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of the Corporation for National and Community Service. Grantees and sub-grantees except for Education Award Programs (EAPs) must use the AmeriCorps name and logo on service gear and public materials such as stationery, application forms, recruitment brochures, orientation materials, member curriculum, signs, banners, press releases and publications created by AmeriCorps members in accordance with Corporation requirements. The Corporation provides a camera-ready logo. EAPS are strongly encouraged to use the AmeriCorps name and logo on such materials. To establish the relationship between the program and AmeriCorps, the grantee must use the phrase "The AmeriCorps National Service Network" or"an AmeriCorps program" and may use the slogan "Getting Things Done"TM on such materials in accordance with Corporation guidelines and requirements. The grantee may not alter the AmeriCorps logo, and must obtain the written permission of the Corporation before using the AmeriCorps name or logo on materials that will be sold, or permitting donors to use the AmeriCorps name or logo in promotional materials. The grantee may not use or display the AmeriCorps name or logo in connection with any activity prohibited in these grant provisions. C. MEMBER RECRUITMENT, SELECTION, AND EXIT 7 Member recruitment and selection requirements are in the Corporation's regulations at 45 CFR part 2522.210. In addition, the grantee must ensure that the following procedures are followed: 1. Notice to the Corporation's National Service Trust. The grantee must notify the Corporation's National Service Trust within 30 days of a member's selection for, completion of, suspension from, or release from, a term of service. Suspension of service is defined as an extended period during which the member is not serving, nor accumulating service hours or receiving AmeriCorps benefits. The grantee also must notify the Trust when a change in a member's status is approved and changed (i.e. from full-time to less than full-time or vice versa). Failure to report such changes within 30 days may result in sanctions to the grantee, up to and including, suspension or termination. Grantees or sub-grantees meet notification requirements when they use the appropriate electronic system to inform the Corporation within the approved time frames. Any questions regarding the Trust should be directed to the Trust Office (800) 942-2677. Penalties for false information: Any individual who makes a materially false statement or representation in connection with the approval or disbursement of an education award or other payment from the National Service Trust may be liable for the recovery of funds and subject to civil and criminal sanctions. 2. Parental Consent. Parental or legal guardian consent must be obtained for members under 18 years of age before beginning a term of service. Grantees may also include an informed consent form of their own design as part of the member contract materials. 3. Reasonable Accommodation. Programs and activities must be accessible to persons with disabilities, and the grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members, service recipients, applicants, and staff All selections and project assignments must be made without regard to the need to provide reasonable accommodation. See the Policy FAQ entitled Reasonable Accommodation for more information. 4. Timekeeping. The grantee is required to ensure that time and attendance recordkeeping is conducted by the individual who supervises the AmeriCorps member. This time and attendance record is used to document member eligibility for in-service and post-service benefits. Time and attendance records must be signed and dated both by the member and by an individual with oversight responsibilities for the member. 5. Completion of Terms of Service. The grantee must ensure that each member has sufficient opportunity to complete the required number of hours of service to qualify for their education award. Members must be exited within 30 days of the end of their term of service. Should a program not be renewed, a member who was scheduled to continue in a term of service may either be placed in another program where feasible, or a member 8 may receive a pro-rated education award if the member has completed at least 15% of the service hour requirement. 6. Member Exit. In order for a member to receive a post-service education award from the National Service Trust, the grantee must certify to the National Service Trust that the member is eligible to receive the education benefit. The grantee (and any individual or entity acting on behalf of the grantee) is responsible for the accuracy of the information certified on the end-of-term certification. D. SUPERVISION AND SUPPORT 1. Planning for the Term of Service. The grantee must develop member position descriptions that provide for meaningful service activities and performance criteria that are appropriate to the skill level of members. In planning for the member's term of service, the grantee must account for holidays and other time off, and must provide each member with sufficient opportunity to make up missed hours. 2. Member Contracts. The grantee must require that each member signs a contract that, at a minimum, includes or refers to the following: a. Member position description; b. The minimum number of service hours (as authorized by statute) and other requirements (as developed by the grantee) necessary to successfully complete the term of service and to be eligible for the education award; c. Standards of conduct, as developed by the grantee or sub-grantee; d. Prohibited activities, including those specified in the regulations; e. Requirements under the Drug-Free Workplace Act(41 U.S.C. 701 et seq.); f. Suspension and termination rules; g. The specific circumstances under which a member may be released for cause; h. Grievance procedures; and i. Other requirements as established by the grantee. The grantee should ensure that the contract is signed before commencement of service so that members are fully aware of their rights and responsibilities. 3. Supervision. The grantee must provide members with adequate supervision by qualified supervisors in accordance with the approved application. The grantee must conduct an orientation for members and comply with any pre-service orientation or training required by the Corporation. 4. Performance Reviews. The grantee must conduct and keep a record of at least a midterm and end-of-term written evaluation of each member's performance for Full and Half-Time members and an end-of-term written evaluation for less than Half-time members. The evaluation should focus on such factors as: a. Whether the member has completed the required number of hours; b. Whether the member has satisfactorily completed assignments; and 9 c. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. 5. Voter Registration Activities Prohibited. In addition to the prohibited activities listed in 45 CFR 2520.65, staff and members may not engage in voter registration drives, and the grantee may not use grant funds to conduct a voter registration drive. 6. Member Death or Injury. The grantee must report any member deaths or serious injuries to the designated Corporation Program Officer immediately. E. RELEASE FROM PARTICIPATION Grantees may release members from participation for two reasons: (a) for compelling personal circumstances; and (b) for cause. See 45 CFR §2522.230 for requirements. In addition to the regulations, the following applies: No Automatic Disqualification if Released for Cause: A release for cause covers all circumstances in which a member does not successfully complete his/her term of service for reasons other than compelling personal circumstances. Therefore, it is possible for a member to receive a satisfactory performance review and be released for cause. For example, a member who is released for cause for a first term for personal reasons—e.g. he/she has decided to take a job offer—but who, otherwise, was performing well up until the time he/she decided to leave, would not be disqualified for a second term as long as he/she received a satisfactory performance evaluation for the period he/she served. F. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES 1. Living Allowance Distribution. A living allowance is not a wage. Grantees must not pay a living allowance on an hourly basis. Grantees should pay the living allowance in regular increments, such as weekly or bi-weekly, paying an increased increment only on the basis of increased living expenses such as food, housing, or transportation. Payments should not fluctuate based on the number of hours served in a particular time period, and must cease when a member concludes a term of service. If a member serves all required hours and is permitted to conclude his or her term of service before the originally agreed upon end of term, the grantee may not provide a lump sum payment to the member. Similarly, if a member is selected after the program's start date, the grantee must provide regular living allowance payments from the member's start date and may not increase the member's living allowance incremental payment or provide a lump sum to make up any missed payments. AmeriCorps EAPs may provide a living allowance or other in-service benefits to their members, but are not required to do so. 2. Waiving the Living Allowance. If a living allowance is paid, a member may waive all or part of the payment of a living allowance if he or she believes his or her public 10 assistance may be lost or decreased because of the living allowance. Even if a member waives his or her right to receive the living allowance, it is possible depending on the specific public assistance program rules that the amount of the living allowance that the member is eligible to receive will be deemed available. A member who has waived the living allowance may revoke the waiver at any time and may begin receiving the living allowance prospective to the revocation date; the member may not receive any portion of the living allowance accrued during the waiver period. 3. Taxes and Insurance.Requirements related to member living allowances and benefits are in 45 CFR§§2522.240 and 2522.250. In addition, grantees must ensure that the following procedures are followed: a. Liability Insurance. The grantee is responsible for ensuring adequate general liability coverage for the organization, employees and members, including coverage of members engaged in on- and off-site project activities. b. FICA(Social Security and Medicare taxes). Unless the grantee obtains a ruling from the Social Security Administration or the Internal Revenue Service that specifically exempts its AmeriCorps members from FICA requirements, the grantee must pay FICA for any member receiving a living allowance. The grantee also must withhold 7.65% from the member's living allowance. c. Income Taxes. The grantee must withhold Federal personal income taxes from member living allowances, requiring each member to complete a W-4 form at the beginning of the term of service and providing a W-2 form at the close of the tax year. The grantee must comply with any applicable state or local tax requirements. d. Worker's Compensation. Some states require worker's compensation for AmeriCorps members. Grantees must check with State Departments of Labor or state commissions to determine worker's compensation requirements. If worker's compensation is not required, grantees must obtain Occupational, Accidental, and Death and Dismemberment coverage for members to cover in-service injury or incidents. 4. Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under a collective bargaining agreement, the grantee must provide healthcare insurance to those members serving on a full-time basis who are not otherwise covered by a healthcare policy at the time each begins his/her period of full-time service. For purposes of this provision, a member is serving on a full-time basis when his/her regular term of service will involve performing service on a normal full-time schedule for a period of six weeks or more. A member may be serving on a full-time basis without regard to whether his/her agreed term of service will result in a full-time Segal AmeriCorps Education Award. The grantee must also provide healthcare insurance to members serving on a full-time basis who lose coverage during their term of service as a result of service or through no deliberate act of their own. The Corporation will not cover healthcare costs for family members or for members who have not served on a full-time, or who have ceased serving on a full-time basis. tt Minimum Benefits. When required to provide healthcare insurance coverage, the grantee may obtain healthcare from any provider as long as the coverage provided by the grantee provides the following minimum benefits: a. Physician services for illness or injury b. Hospital room and board c. Emergency room d. X-ray and laboratory e. Prescription drugs f. Limited mental/nervous disorders g. Limited substance abuse coverage h. An annual deductible of no more than $250 charges per member i. No more than $1,000 total annual out-of-pocket per member j. A 20% co-pay or a comparable fixed fee with the exception of a 50% co-pay for mental and substance abuse care k. A maximum benefit of at least $50,000 per occurrence or cause 5. Administration of Childcare Payments. In general, the Corporation will provide for childcare payments, which will be administered through the National Association of Child Care Resource and Referral Agencies (NACCRRA), hereafter referred to as AmeriCorps®CARE. Requirements and eligibility criteria are in the AmeriCorps regulation 45 CFR §2522.250. Grantees that choose to provide childcare as a match source(as approved in their budget) may use AmeriCorps®CARE for technical assistance. Grantees can contact AmeriCorps®CARE at (800) 570-4543 with questions regarding childcare. The criteria for member eligibility are contained in 45 CFR 2522.250. Members are considered to be full-time participants for purposes of eligibility for childcare payments on the same basis as eligibility for healthcare coverage. Members who excluded from healthcare coverage solely on the basis of serving in a Professional Corps, or because they are covered under a collective bargaining agreement are not excluded from receiving childcare benefits on that basis. Members serving in EAPs are not eligible for the childcare benefit. The Corporation will not cover childcare costs for family members or for members who have not served on a full-time, or who have ceased serving on a full-time basis. Also see the Policy FAQs for more detailed information on administering childcare and healthcare. 6. Notice to Childcare and Healthcare Providers. The grantee must notify the Corporation's designated agents immediately in writing when a member's status changes, such that it would affect eligibility for childcare or healthcare. Examples of changes in status include: changes to a member's scheduled service so that he/she is no longer serving on a full-time basis; terminating or releasing a member from service; and suspending a member for cause for a lengthy or indefinite time period. Program directors should contact AmeriCorps®CARE at NACCRRA at (800) 570-4543 on childcare related changes, and their health insurance provider about health insurance related changes. G. MEMBER RECORDS AND CONFIDENTIALITY 12 1. Recordkeeping. The grantee must ensure that records are maintained sufficient to establish that each member was eligible to participate and that the member successfully completed all requirements. A program may store member files electronically if the program can ensure that the validity and integrity of the record is not compromised. The Corporation will recognize electronically stored files where: The electronic storage procedures and system provide for the safe-keeping and security of the records, including: a. Sufficient prevention of unauthorized alterations or erasures of records; b. Effective security measures to ensure that only authorized persons have access to records; c. Adequate measures designed to prevent physical damage to records; and d. A system providing for back-up and recovery of records; and The electronic storage procedures and system provide for the easy retrieval of records in a timely fashion, including: e. Storage of the records in a physically accessible location; f. Clear and accurate labeling of all records; and g. Storage of the records in a usable, readable format. Where there is a requirement for a signature on a record, electronically stored records must include an image of the original signature; records without signatures, when required, are considered incomplete. 2. Documentation. The grantee must obtain and maintain documentation as required by 45 CFR§2522.200(c). The Corporation does not require programs to make and retain copies of the actual documents used to confirm age or citizenship eligibility requirements, such as a driver's license, or birth certificate, as long as the grantee has a consistent practice of identifying the documents that were reviewed and maintaining a record of the review. To verify whether the member meets the requirements relating to high-school education, the grantee must obtain from the member, and maintain in the member's file, a written declaration under penalty of law that the member meets the requirements of these provisions relating to high school education as required by 45 CFR§2522.200(b). If the member has been determined to be incapable of obtaining a high school diploma or its equivalent, the grantee must retain a copy of the supporting independent evaluation. 3. Confidential Member Information. The grantee must maintain the confidentiality of information regarding individual members. The grantee must obtain the prior written consent of all members before using their names, photographs and other identifying information for publicity, promotional or other purposes. Grantees may release aggregate and other non-identifying information, and are required to release member information to the Corporation and its designated contractors. The grantee must permit a member who 13 submits a written request for access to review records that pertain to the member and were created pursuant to this grant. H. BUDGET AND PROGRAMMATIC CHANGES 1. Programmatic Changes. The grantee must first obtain the prior written approval of the AmeriCorps Program Office before making the following changes: a. Changes in the scope, objectives or goals of the program, whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; c. Entering into additional sub-grants or contracts for AmeriCorps activities funded by the grant, but not identified or included in the approved application and grant budget. 2. Program Changes for Formula Programs. State Commissions are responsible for approving the above changes for state formula programs. 3. Budgetary Changes. The grantee must obtain the prior written approval of the Corporation's Office of Grants Management before amending the approved budget in any of the following ways: a. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A- 21 (2 CFR part 220), A-87 (2 CFR part 225) or A-122 (2 CFR part 230). For certain cost items, the cost circulars require approval of the awarding agency for the cost to be allowable. Examples of these costs are overtime pay, rearrangement and alteration costs, and pre-award costs. b. Purchases of Equipment over $5,000 using grant funds, unless specified in the approved application and budget. c. Unless the Corporation share of the award is $100,000 or less, changes to cumulative and/or aggregate budget line items that amount to 10 per cent or more of the total budget must be approved in writing in advance by the Corporation. The total budget includes both the Corporation and grantee shares. Grantees may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 percent of the total budget. 4. Approvals of Programmatic and Budget Changes. Programmatic changes also require final approval of the Corporation's Office of Grants Management after written recommendation for approval is received from the Program Office. The Grants Officers will execute written amendments, and grantees should not assume approvals have been granted unless documentation from the Grants Office has been received. I. REPORTING REQUIREMENTS 1. Grantee Progress Reports. Each grantee must submit an annual progress report due to the Corporation by the first Monday in December. The report is submitted through the appropriate electronic system. 14 2. Financial Reports. The grantee must submit semi-annual cumulative financial reports, summarizing expenditures during the reporting period. These reports will be submitted through the appropriate electronic system. Financial report deadlines are as follows: Due Date Reporting Period Covered April 30 Start of grant through March 31 October 31 April 1 —September 30 A grantee must set its own submission deadlines for its respective sub-grantees sufficient to enable the grantee to report on-time. National Professional Corps grantees submit one financial report per year. All grantees including EAPs must submit cash transaction reports on a quarterly basis to the Department of Health and Human Services Payment Management System per the Electronic Funds Transfer Agreement. 3. Financial Reports for EAPs. EAP grants are fixed amount awards, so the financial report is not required. 4. Requests for Extensions. Requests for extensions of reporting deadlines will be granted when 1) the report cannot be furnished in a timely manner for reasons legitimately beyond the control of the grantee and 2) the Corporation receives a request explaining the need for an extension before the due date of the report. Extensions of deadlines for financial reports may only be granted by the Office of Grants Management, and extensions of deadlines for Progress Reports may only be granted by the AmeriCorps Program Office. 5. Final Financial Reports. A grantee completing the final year of its grant must submit, in lieu of the last semi-annual financial report, a final financial report that is due within 90 days after the end of the grant. J. GRANT PERIOD AND INCREMENTAL FUNDING For the purpose of the grant, a project period is the complete length of time the grantee is proposed to be funded to complete approved activities under the grant. A project period may contain one or more budget periods. A budget period is a specific interval of time for which Federal funds are being provided to fund a grantee's approved activities and budget. Unless otherwise specified, the grant covers a three-year project period. In approving a multi- year project period, the Corporation generally makes an initial award for the first year of operation. Additional funding is contingent upon satisfactory performance and the availability of funds. The project period and the budget period are noted on the award document. V. GENERAL PROVISIONS 15 A. RESPONSIBILITIES UNDER GRANT ADMINISTRATION 1. Accountability of Grantee.The grantee has full responsibility for managing all aspects of the grant and grant-supported activities, subject to the oversight of the Corporation. The grantee is accountable to the Corporation for its operation of the AmeriCorps program and the use of Corporation grant funds. The grantee must expend grant funds in a judicious and reasonable manner, and it must record accurately the service activities and outcomes achieved under the grant. Although grantees are encouraged to seek the advice and opinion of the Corporation on special problems that may arise, such advice does not diminish the grantee's responsibility for making sound judgments and does not mean that the responsibility for operating decisions has shifted to the Corporation. 2. Notice to Corporation. The grantee will notify the appropriate Corporation Program or Grants Officer immediately of any developments or delays that have a significant impact on funded activities, any significant problems relating to the administrative or financial aspects of the grant, or any suspected misconduct or malfeasance related to the grant or grantee. The grantee will inform the Corporation official about the corrective action taken or contemplated by the grantee and any assistance needed to resolve the situation. B. FINANCIAL MANAGEMENT STANDARDS 1. General. The grantee must maintain financial management systems that include standard accounting practices, sufficient internal controls, a clear audit trail, and written cost allocation procedures, as necessary. Financial management systems must be capable of distinguishing expenditures attributable to this grant from expenditures not attributable to this grant. The systems must be able to identify costs by programmatic year and by budget category and to differentiate between direct and indirect costs or administrative costs. For further details about the grantee's financial management responsibilities, refer to OMB Circular A-102 and its implementing regulations (45 CFR§2541) or A-110 (2 CFR part 215) and its implementing regulations (45 CFR§2543), as applicable. 2. Consistency of Treatment. To be allowable under an award, costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Furthermore, the costs must be accorded consistent treatment in both federally financed and other activities, as well as between activities, supported by different sources of federal funds. 3. Audits. Grantee organizations that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and OMB Circular A-I33. If the grantee expends federal awards under only one federal program, it may elect to have a program specific audit, if it is otherwise eligible. A grantee that does not expend $500,000 in federal awards is exempt from the single audit requirements of OMB Circular A-133 for that year. However, it must continue to conduct financial management reviews of its sub-grantees, and records must be available for review and audit. 16 A recipient of a Federal grant (pass-through entity) is required in accordance with paragraph 400(d) of OMB Circular A-133, to do the following with regard to its subrecipients: (1) identify the Federal award and funding source; (2) advise sub- recipients of all requirements imposed on them; (3) monitor sub-recipient activities and compliance; (4) ensure sub-recipients have A-133 audits when required; (5) issue decisions and ensure follow-up on audit findings in a timely manner; (6) where necessary, adjust its own records and financial statements based on audits; and (7) require sub-recipients to permit access by the pass-through entity and auditors to records and financial statements, as necessary, for the pass-through entity to comply with A-133. 4. Consultant Services. Payments for consultant services under this grant will not exceed $540.00 per day(exclusive of any indirect expenses, travel, supplies and so on) unless procured consistent with 45 CFR 2543.44. C. THE OFFICE OF INSPECTOR GENERAL The Corporation's Office of Inspector General(OIG) conducts and supervises independent and objective audits, evaluations, and investigations of Corporation programs and operations. Based on the results of these audits, reviews, and investigations, the OIG recommends policies to promote economy and efficiency and to prevent and detect fraud, waste, and abuse in the Corporation's programs and operations. The OIG conducts and supervises audits of Corporation grantees, as well as legislatively mandated audits and reviews. The legislatively mandated audits include the annual financial statement audit, and fulfilling the requirements of the Government Information Security Reform Act and its successor,the Federal Information Security Management Act. A risk-based approach, along with input received from Corporation management, is used to select grantees and grants for audit. The OIG hires audit firms to conduct some of its audits. The OIG audit staff is available to discuss its audit function, and can be reached at (202) 606-9390. The OIG is available to offer assistance to AmeriCorps grantees that become aware of suspected criminal activity in connection with the AmeriCorps program. Grantees should immediately contact OIG when they first suspect that a criminal violation has occurred. The OIG investigative staff is available to provide guidance and ensure that the appropriate law enforcement agency is notified, if required. The OIG may be reached by email at hotline@cnsoig.gov or by telephone at(800)452-8210. D. PROGRAM INCOME 1. General. Income, including fees for service earned as a direct result of the grant-funded program activities during the award period, must be retained by the Grantee and used to finance the grant's non-Corporation share. 2. Excess Program Income. Program income earned in excess of the amount needed to finance the grantee share must follow the appropriate requirements of 45 CFR §2541.250, 17 2 CFR 225, 2 CFR 215, or 2 CFR 220 and be deducted from total claimed costs. Grantees that earn excess income must specify the amount of the excess in the comment box on the Financial Report. 3. Fees for Service. When using assistance under this Grant, the Grantee may not enter into a contract for or accept fees for service performed by members when: a. The service benefits a for-profit entity, b. The service falls within the other prohibited activities set forth in these Grant Provisions, or c. The service violates the non-displacement Provisions of the Act set forth in these Grant Provisions. E. SAFETY The grantee must institute safeguards as necessary and appropriate to ensure the safety of members. Members may not participate in projects that pose undue safety risks. F. NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE 1. Public Notice of Nondiscrimination. The grantee must notify members, community beneficiaries, applicants, program staff, and the public, including those with impaired vision or hearing, that it operates its program or activity subject to the nondiscrimination requirements of the applicable statutes. The notice must summarize the requirements, note the availability of compliance information from the grantee and the Corporation, and briefly explain procedures for filing discrimination complaints with the Corporation. Sample language is: It is against the law for organizations that receive federal financial assistance from the Corporation for National and Community Service to discriminate on the basis of race, color, national origin, disability, sex, age, political affiliation, or, in most cases, religion. It is also 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, you may bring a complaint to the attention of the Corporation for National and Community Service. If you believe that you or others have been discriminated against, or if you want more information, contact: (Name, address, phone number—both voice and TTY, and preferably toll free— FAX number and e-mail address of the grantee) or Office of Civil Right 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); eo@cns.gov (e-mail) 18 The grantee must include information on civil rights requirements, complaint procedures and the rights of beneficiaries in member contracts, handbooks, manuals, pamphlets, and post in prominent locations, as appropriate. The grantee must also notify the public in recruitment material and application forms that it operates its program or activity subject to the nondiscrimination requirements. Sample language, in bold print, is "This program is available to all, without regard to race, color, national origin, disability, age, sex, political affiliation, or, in most instances, religion." Where a significant portion of the population eligible to be served needs services or information in a language other than English, the grantee shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. 2. Records and Compliance Information. The grantee must keep records and make available to the Corporation timely, complete and accurate compliance information to allow the Corporation to determine if the grantee is complying with the civil rights statutes and implementing regulations. Where a grantee extends federal financial assistance to sub-grantees, the sub-grantees must make available compliance information to the grantee so it can carry out its civil rights obligations. 3. Obligation to Cooperate. The grantee must cooperate with the Corporation so that the Corporation can ensure compliance with the civil rights statutes and implementing regulations. The grantee shall permit access by the Corporation during normal business hours to its books, records, accounts, staff, members, facilities, and other sources of information as may be needed to determine compliance. G. GRANT PRODUCTS 1. Sharing Grant Products. To the extent practical, the grantee agrees to make products produced under the grant available at the cost of reproduction to others in the field. 2. Acknowledgment of Support. Publications created by members or grant-funded staff must be consistent with the purposes of the grant. The AmeriCorps logo may be included on such documents. The grantee is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this grant. "This material is based upon work supported by the Corporation for National and Community Service under AmeriCorps Grant No. . Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, the Corporation or the AmeriCorps program." H. SUSPENSION OR TERMINATION OF GRANT Regulations related to the Corporation's authority to suspend or terminate this grant are contained in 45 CFR§2540.400. In addition, a Grantee may suspend or terminate assistance to 19 one of its sub-grantees, provided that such action affords the sub-grantee, at a minimum, the notice and hearing rights described in 45 CFR§2540.400. I. FIXED AMOUNT AWARD (Education Award Programs Only) EAP awards are for fixed amounts. The fixed federal assistance amount of the grant is based on the approved and awarded number of full time equivalent members (MSYs) specified in the award. The final award amount that the grantee may retain is dependent upon the grantee's notifying the Corporation's National Service Trust of the members that it has selected (subject to the number of members allotted to the grantee as specified in the award). All such members must carry out activities to achieve the specific project objectives as approved by the Corporation. At closeout, the Corporation will calculate the final amount of the grant based on Trust documentation. The Corporation will recover any amounts drawn down by the grantee in excess of the final grant amount allowed based on member selection documentation in the Trust. J. TRAFFICKING IN PERSONS This grant is subject to requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). a. Provisions applicable to a recipient that is a private entity. 1. You as the grantee, your employees, subgrantees under this grant, and subgrantee's employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the grant is in effect; ii. Procure a commercial sex act during the period of time that the grant is in effect; or iii. Use forced labor in the performance of the grant or subgrants under the grant. 2. We as the Federal awarding agency may unilaterally terminate this grant, without penalty, if you or a subgrantee that is a private entity— i. Is determined to have violated a prohibition in paragraph a.1 of this grant term; or ii. Has an employee who is determined by the agency official authorized to terminate the grant to have violated a prohibition in paragraph a.1 of this grant term through conduct that is either: A. Associated with performance under this grant; or B. Imputed to you or the subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR part 2200. 20 b. Provisions applicable to a grantee other than a private entity. We as the Federal awarding agency may unilaterally terminate this grant, without penalty, if a subgrantee that is a private entity— L Is determined to have violated an applicable prohibition of paragraph a.1 of this grant term; or 2. Has an employee who is determined by the agency official authorized to terminate the grant to have violated an applicable prohibition in paragraph a.1 of this grant term through conduct that is— i. Associated with performance under this grant; or ii. Imputed to the subgrantee using the standards and due process for imputing conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 2200. c. Provisions applicable to any grantee. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this grant term. 2. Our right to terminate unilaterally that is described in paragraph a.2 orb of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended(22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this grant. 3. You must include the requirements of paragraph a.1 of this grant term in any subgrant you make to a private entity. d. Definitions. For purposes of this grant term: 1. "Employee" means either: i. An individual employed by you or a subgrantee who is engaged in the performance of the project or program under this grant; or ii. Another person engaged in the performance of the project or program under this grant and not compensated by you including, but not limited to, a volunteer or individual whose service are contributed by a third part as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(6). B. A for-profit organization. 21 4. "Severe forms of trafficking in persons," "commercial sex act," and"coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 22 K NATIONAL& COMMUNITY SERVICE C:rant Pro';raui Cisil Rights and Non-harassment Policy hu(u pt ,tn ittr Of, vl ,1( lvti.n'a•❑ 5151 h'd<rer e'v1<e for the h'a.. .elt1 urill ld novp nl 1 ll i-lual. i rt. 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