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HomeMy WebLinkAbout20012349 RESOLUTION RE: APPROVE AGREEMENT FOR WELD COUNTY YOUTH CONSERVATION CORPS, AMERICORPS PROGRAM AND AUTHORIZE CHAIR TO SIGN - LARIMER COUNTY WORKFORCE CENTER 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 an Agreement for the Weld County Youth Conservation Corps, AmeriCorps Program 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 Larimer County Workforce Center, commencing August 1, 2001, and ending July 31, 2002, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for the Weld County Youth Conservation Corps, AmeriCorps Program 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 Larimer County Workforce Center be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of August, A.D., 2001, nunc pro tunc August 1, 2001. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO ATTEST: iat,, a� M. J. eile, Ch it Weld County Clerk tot go It A az �$ Glenn Vaad, Pro-Ten i BY: ..i/i_. • Deputy Clerk to the Bo!�.atr��� Will Jerke APP DA TO F RM: �p J mrg C oun Attorney e°• ILL. Robert D. Masden Date of signature: 9`/ 2001-2349 HR0072 , i(11\d ‘ MEMORANDUM ' C TO: M.J. Gene Weld County Board of Com issioners COLORADO FROM: Walter J. Speckman Executive Director DATE: August 20, 2001 SUBJECT: Contract between Employment Services of Weld County and Larimer County Employment and Training Services Enclosed for Board approval is a contract between the Larimer County Employment and Training Services and Employment Services of Weld County for the operation of the Weld County Youth Conservation Corps, AmeriCorps Program. This contract is a result of a collaborative grant proposal submitted by Larimer County Employment and Training Services and Weld County Employment Services to operate the AmeriCorps Program. Funding provided for the Program is$93,600.00 and the period of performance is August 1, 2001 through July 31, 2002. If you have any questions, please telephone me at 353-3800. 2001-2349 PROGRAM YEAR:2001 AGREEMENT THIS AGREEMENT,made this 22"°day of June 2001,by and between the Board of Commissioners of Larimer County,Colorado,through Larimer County Workforce Center,3842 South Mason,Fort Collins,Colorado,80525 hereinafter called"L.C.W.C."and"Weld County Department of Human Services"hereinafter called"Provider". WHEREAS,pursuant to National and Community Services Act of 1990,as amended,(42 USC-- 1250), as amended,monies are to be distributed through the AmeriCorps Program,with the State Board of Community Colleges and Occupational Education,Governor's Commission on National and Community Services,Colorado AmeriCorps Program administering the funds;and WHEREAS,the Governor's Commission on National and Community Service desires to distribute said funds to L.C.W.C.and the Governor has approved pursuant to law;and WHEREAS,the activities covered by this agreement will be carried out as part of L.C.W.C.' responsibility under said funds to implement,conduct,and operate an AmeriCorps Program;and WHEREAS,the Provider herein can provide services to assist in the accomplishment of the AmeriCorps Program NOW,THEREFORE,the parties agree as follows: 1. Scppe of Services. In consideration for the monies to be received from L.C.W.C.,the Provider shall do,perform,and carryout,in a satisfactory and proper manner,as determined by L.C.W.C. all work elements as indicated in the"Statement of Work/Budget",set forth in Exhibit A which is attached hereto and incorporated by reference,hereinafter referred to as the"Project". The Provider shall provide matching funds in the amounts and cost categories specified in the "Grantee Share"of the Budget incorporated in Exhibit A. Pursuant to the authority granted by the federal AmeriCorps program as evidenced in Exhibit B,which is attached hereto and incorporated by reference,the Provider may count monies expended as"match" in support of this project from the first day of August 2001,through the end of this contract. 2. Starting Date For Services.The earliest starting date for L.C.W.C.'s use of said services shall be August 1,2001. 3. Obligations of L.C.W.C. Based upon the availability of funds L.C.W.C.agrees: 3.01 To pay all amounts included in the invoices or statements rendered by the Provider to L.C.W.C.,including any applicable taxes. Reimbursable costs shall be limited to those specified in the budget incorporated in Exhibit A. In no event shall L.C.W.C.be required to pay the Provider more than$93,600.00 for the contract period,which shall be from August 1, 2001 through and including July 31,2002. 3.02 To make available to Provider on a reasonable basis such training or information as is necessary and appropriate to enable it to carry out this agreement in compliance with the National and Community Service Act regulations and other applicable State,Local and Federal laws. 3.03 To make all payments called for under this agreement within a reasonable time of receipt of invoices. Therefore,such time shall not exceed 14 days from receipt of properly documented invoices from the Provider. 4. Obligations of Provider. 4.01 No person with responsibilities in the operation of any program referred to in this agreement will discriminate with respect to any program participant of any application for participation in such program because of race,color,national origin,sex,age,religion, handicap,political affiliation or beliefs. 4.02 No services provided under this agreement shall involve political activities and no funds made available under this agreement shall be used for lobbying activities. 4.03 No person with responsibilities in the operation of any program referred to in this agreement will use their position for private gain for themselves or others,particularly those with whom they have family,business or other close ties. 4.04 All applicant information,documents and records shall be made available to L.C.W.C.,upon request. Such individual information shall be maintained as confidential. Provider agrees that such information may be used by L.C.W.C.for preparation of necessary or required reports,summaries and analysis. Provider further agrees to assist L.C.W.C. as reasonable and necessary to enable L.C.W.C.to comply with statutory monitoring and reporting requirements. Notwithstanding the foregoing,it is agreed that access to and the disclosure of any educational records shall be subject to the provisions of applicable state and federal laws and regulations. 1 4.05 All printed material which has the general intent of providing promotional information regarding activities and services under this agreement,or which is designed to promote and encourage program participation,shall be approved by L.C.W.C.'s Public Information Officer before such materials are used locally. 4.06 Provider shall submit invoices and shall be entitled to reimbursement for only such costs and performances as are strictly in accordance with the terms of the agreement,including but not limited to the terms of the attached Exhibit A governing the Provider's scope of services,the terms of the budget for this training program and other written amendments hereto as are agreed upon by both the Provider and L.C.W.C.L.C.W.C. shall not be liable to the Provider for any cost or portion thereof incurred by the Provider which has been paid or is subject to payment to the Provider,or has been reimbursed or is subject to reimbursement to the Provider,by any source other than L.C.W.C. 4.07 The Provider shall submit to L.C.W.C.,a quarterly request for payment package in the nature of an invoice. Said request must be based on allowable costs,as provided in AmeriCorps provisions set forth as Exhibit B,incurred or to be incurred by the Provider in performing its obligations hereunder. Upon receipt and approval of each said request by L.C.W.C.,payment shall be made by L.C.W.C. as herein above provided. L.C.W.C. shall not be liable to the Provider for expenses made in violation of AmeriCorps provisions or in violation of any other regulation otherwise applicable. 4.08 The Provider shall maintain fiscal records and supporting documents for all expenditures of funds under this agreement. • 4.09 The Provider shall maintain time sheets recording the amount of time spent on the performance of work or in classroom training by each participant and staff person under this agreement as certified by both the participants and staff person and his or her supervisor. 4.10 The Provider shall retain all records,documents and reports of the operation of programs and expenditures of funds under this agreement for three(3)years,dating from L.C.W.C.'s submission of the final financial status report to the State. Records shall be retained beyond this period only if audit findings have not been resolved. In this event,the records shall be retained by the Provider for periods of three(3)years from the time when the audit finding are resolved. The Provider shall retain the records in good and accessible condition and shall furnish and provide access to them upon request of L.C.W.C.,Governor's Commission on Community Services or any of their duly authorized agents or representatives. 4.11 The Provider shall submit to L.C.W.C. a quarterly financial and performance report set forth as Exhibit C. 4.12 The Provider assures and certifies that as a recipient of Federal assistance funds, that neither it nor its principals are presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded form participation in this transaction in by any Federal depart or agency. 4.13 The Provider acknowledges that funds granted under this Contract are Federal funds,and shall notify its auditors that these funds are subject to audit procedures outlined in OMB Circular A-133. Contractor shall include the project covered by this Contract in an annual audit report as required by the Colorado Local Government Audit Law,C.R.S. 1973,291601,et seq,and the Single Audit Act of 1984,Public Law 98-502,OMB Circular A-128 or OMB Circular A-133,whichever is applicable: organizations receiving federal funds in the aggregate of more than$100,000,a program audit;$25,000-$50,000 an audit. 5. Mutual Obligations. Both parties agree: 5.01 That in the event of any of the following occurrences,L.C.W.C.may immediately cancel or modify this contract and enter into discussions with the Provider concerning necessary changes to accommodate such occurrences: 1. Changes in,addition to,or new administrative interpretations of the AmeriCorps Program regulation, or other pertinent law,which impose additional or new requirements upon L.C.W.C.or Providers which render performance under this contract illegal,impractical,or impossible. 2. Changes in amount of AmeriCorps Program funds received by L.C.W.C. concerning any program under this contract. 3. Any unproved deviations of the Contractor from the levels of service outlined in this contract. 5.02 This agreement may not be assigned,in part or in whole,and none of the responsibilities or duties of either party hereto may be delegated without the prior written consent of the other party. 5.03 The parties hereto agree that L.C.W.C.shall have the ability to monitor and evaluate performance and compliance of the Provider pursuant to the Contract. Monitoring shall 2 Jan 08 02 O3: 49p Dawn Wirth 87O-223-6576 p. 4 include review through torahs vkdte and program data,all project activities and services to ensure compliance with the AmeriCmps Provision,directions or gpidelittea of L.C.W.C.,and the tame of this Contract.L.C.W.C.shall advise the Provider undo.this Contract,of any deficiencies. L.C.W.C.may gram extwsjeny s deemed advisable. Failure of the Provider to co crest detei nice widths are time periods set forth is ceote Sr termination. 5.04 Notwl bepnding anything to the contrary herein,allpeymeets under this contract are conditioned upon Provider's performance of its obligations hereunder. Farhat to submit to L.C.W.C.la a thusly rummer any report required by section 4.11 and S.('3 of this agreementmay be treated by L.C.W.C.era bract of this agreement for which any or all payments othem *due and owing hereunder may be withheld If L.C.W.C.withholds such payments.It shell notify dm Provide'in writing of its deciion end the reason there ors. Payments withheld passim to this paragraph may be held by L.C.W.C.with such time as the delinquent obligations are fulfilled by the Provider. understood 5 Notwithstanding any other provision of this agreement,it Is 0 we fitly andgreed by the parties hereto that L.C.W.C.may,at its sole option and at its sole amountdiscretion,owingOet any amounts withheld or otherwise owing to the Provider haennd,r unpaid by the Provider to L.C.W.C.misiog from this er any othm against�'between L.C.W.C,and the Provider. 5.06 It le expressly understood and agreed remedy provided Sr in this Section 5,or inprovisionby the parties hereto that e0 stall not or preclude the aaplse of other right a°� of thist or under el,any provision r law,nor shall any eaten taken in exercise of other der ghat agreement under endo say be deemed a waiver of any rights or remed ee. Feil eto�ise or ssty y rig toem e y let menerr be shall not constitute a waiver of the riga to exercise that or � e�i.a time. In event of breach hereof the Provider,L.C.W.C.may right �at fury sure. In the action brought by reason of such breach. recover its eos4 and attorney feat in any 5.07 This agreement shall be governed by the laws of the State of Colortdo. This awe:meat contain the entire agreement of the parties hereto aid no representations,inducements, promises or agreements,whether oral or otherwise,between such parties not embodied herein or incorporated harem by re0aeaee snail be of any force or effect 5.08 L.C.W.C.agrees that it shall not extend the faith or credit of the Pn rider to any third person or entity. 5.09 The parties agree that L.C.W.C.reserves the option,in the event that it receives notification of a cut in the AmesiCorpe Program Rads,which are the basis oft his contract,to reduce contract hegira In any nnetmt or to torten,the minaret m Its dee etton.IN names and WITNESS their�EOF the panics have caused this agreement to be uted in then respective respective seals as of the day and year Ant above written. LAR�HiCOUNTYRKPORC&e.3 rbffER BY: (� OM r aq Witt Director Date �� v* PROVIDER:W Yard ofCommSalon s ATTEST: f �� -: y1,�_/,/' .,. -� � r' �'Y: 4/22101 �""`aW K. Um. Chain Date WELD COU Ty GUNK o f•:g 1 �� BY: DEPUTY CLERK TO TH a`ry a - '• MAIM OF COUNTY COM IISSIONBL;S OP f s• LARAt'a 11NTY,CO A '_ _ A - h / BY: ....Ira.`______ aen/ T jet //. Centmisaiosera Dale. JJ��33.. DATTi A • EXHIBIT A STATEMENT OF WORK/BUDGET Statement of Work The Colorado Youth Conservation and Service Corps(CYCSC)performs valuable community service projects that meet both environmental and academic needs for the urban and rural communities of Larimer and Weld counties leaving lasting visible benefits that would otherwise not be provided,and utilizing national service as a method of strengthening the bonds that bind communities together. The CYCSC provides corps member development activities that enhance leadership skills, develop educational skills,strengthen citizenship skills,and build an ethic of service in its members. Community Service Obiectivesi (Work) 1: Improve public recreation areas by rehabilitating existing areas and creating additional access. All full-time members will work on the projects and part time members will be invited. Public recreation areas include parks,open spaces,and buildings utilized for recreation. The program will work with city,state,and federal departments,community volunteers of all ages and non-profit agencies. Approximately 50%of service hours will be spent on this activity and objective. 2: Clean-up distressed neighborhoods and areas and in the community. All full-time members will work in these areas with residents,community volunteers,and local government departments for approximately 25%of their service hours in order to strengthen neighborhood bonds. 3: Tutor elementary age school children,reduce classroom conflict,and offer environmental education presentations to schools. All members will tutor in the schools. Each part-time member will be placed in a school and complete most of their service in the school. Each team of full-time members will be placed in schools for approximately 25% of their service hours. CYCSC serves 4-7 elementary schools. Part-time members serve 2-5 days and full time members at least 1 day per week. (Results) I: Recreation area users will benefit from the service in parks,open spaces and recreational buildings by having more trails and park options and improved recreational facilities. The strategic planning of the agencies CYCSC works with will provide an increase in users without damage to an area. 2: Neighborhood residents will have a cleaner and safer environment. 3: Students will have improved academic achievement,more environmental education,and reduced conflict in the classroom. (Measure the quality) 1: Increased use/access to public recreation areas as reported by project sponsors. 2: Neighborhood residents will be surveyed and AmeriCorps Members will also conduct a walk of the area prior to the clean-up. 3: Teachers will report on achievement and decreased conflict and the AmeriCorps presentations on the environment will be on topics related to,but not present in,the classroom curriculum. (Standard of Success) 1: Over the course of a term, CYCSC will impact access and use in public recreation areas by 20% as reported by project sponsors. 2: 80%of neighborhood representatives surveyed will report a visible difference from work in their neighborhood. 3: 10%rise in academic achievement and decrease in classroom conflict. • (Benefit) 1: 7,500 park and recreational area users will benefit. 2: 1,000 families will benefit. 3: 1,200 elementary age students. Community Strenzthening Objectives: (Work) 1: Members will plan a day of service as a community project. All full-time members will contribute. The project will take place in Larimer or Weld County with community volunteers of appropriate age for the project recruited. Day of Service will be a one day event with the full-time teams. 2: AmeriCorps members and staff will work on strengthening the relationship with existing community partners. Project sites and visits to offices of potential partners are utilized on a continuous basis to build the connection to the community. 3: AmeriCorps members and staff will recruit volunteers from the community for projects. Volunteers are recruited and welcome for any project wiih the team. • (Results) 1: 100 volunteers from AmeriCorps programs in the state and the local community will participate in a project for a day. 2: Partners will rate the work highly and unsolicited requests for involvement with CYCSC will occur. 3: Additional volunteers will increase service involvement in Colorado and the local community. (Measure the quality) 1: The number of volunteers coordinated for the Day of Service and the community population affected by the project. 2: Survey project sponsors and throughout the year have community agencies/programs seek out CYCSC. 3: Reports of the number of additional volunteers and their total hours. (Standard of Success) 1: To have a broad community representation of volunteer participation and to reach the goal of 100 volunteers for the day. 2: 90%of sponsors evaluate the projects as good or excellent and seek further involvement. Six new agencies/programs will look to partner with CYCSC projects. 3: 200 additional volunteers recruited. (Benefit) 1: The 100 volunteers and the community where the project will occur,plus the CYCSC Members and staff. 2: The current partners and the communities they serve in addition to the new partners. 3: The 200 volunteers and a projected 2,000 community members impacted by their service. Member Development Objectives: (Work) • 1: All full and part time member will be trained in First Aid,CPR,communication,team building,conflict resolution,and AIDS awareness. 2: All members will engage in service learning instruction throughout their term of service. The instruction will take place at various project sites and will be taught by staff and project sponsors. 3: During their term of service,all members will receive personal development opportunities in leadership,vocational.skills,and educational skills. Due to member diversity,each member will receive individualized help in addition to workshops offered during the latter part of their term. (Results) • I: Members will have increased skills in all these areas. 2: Members will have increased understanding of the learning opportunities inherent to service projects. • 3: Members will have increased responsibility and self-confidence. (Measure the quality) 1: Level of preparedness of Members for service activities as reported by team leaders and member self-evaluation of trainings. 2: Quality and quantity ofjournal entries will be measured by the member's ability to reflect on project impact,the difference in journal entries from the beginning of the program year to the end,and the compilation ofjournal reports for future members to use for projects and presentations. 3: Ability of Members to successfully demonstrate increased leadership,educational,and vocational skills. (Standard of Success) 1: 100%of Members will complete all training components. 2: 95%of Members keep quality journal entries by the third month of their term and will leave journals regarding projects and presentations for future members to utilize during their terms. 3: 100%of Members serve as assistant team leaders,obtain GED if necessary,and write quality resumes. (Benefit) 1: Thirty-two members and CYCSC staff. 2: Thirty-two members and CYCSC staff. • 3: Thirty-four members. Copies of any and all contracts entered into by the Contractor in order to accomplish this project shall be submitted to the Governor's Commission on National and Community Service Colorado AmeriCorps Program upon execution,and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. The Contractor is encouraged to utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of the contract and applicable statutes. Exhibit A BUDGET NARRATIVE A. Member Support Costs Living Allowance: Reflects living allowance for 8 FT members at $9,000 per member based on 1700 service hours. FICA: 8 FT members at 7.65% Worker's Compensation: 8 FT members at 9.15% Unemployment Insurance: 8 FT members at .15% Health Care: Health insurance for all full-time members is purchased through the National Association of Service and Conservation Corps at a rate of $861.00/per members. Total Member Support costs: Corporation Share (70%) Grantee Share (30%) Subtotal $63,700.00 $27,392.00 $91,092.00 B. Other Member Support Costs Uniforms: Represents the costs of uniforms for all members. Total Other Member Support Costs: Corporation Share Grantee Share Subtotal $500.00 $187.00 $687.00 C. Staff Salaries: Salary and benefits for 1 crew supervisor. Benefits include FICA, Worker's Compensation, unemployment insurance,health insurance, and are determined in conjunction with local personnel policies. Training: Represents cost for professional development, attendance at seminars and conferences and purchase of related materials. Total Staff Costs: Corporation Share Grantee Share Subtotal $23,000.00 $12,070.00 $35,070.00 D. Operational Supplies: Office supplies and program materials such as gloves, safety equipment,hard hats, and educational materials. Equipment: Tools and equipment to provide continuity and productivity to each team. Total Operational Costs: Corporation Share Grantee Share Subtotal $1,600.00 $4,658.00 $6,258.00 E. Administration Program: Wages and benefits of staff responsible for administrative functions including accounting, payroll, audit, and their associated overhead costs such as copying,telephone, postage,printing. Total Administration Costs: Corporation Share Grantee Share Subtotal $4,800.00 $2,880.00 $7,680.00 Total Corporation Share Grantee Share Subtotal $93,600.00 $47,187.00 $140,787.00 F. Education Awards Full-time Members: Reflects cost of 8 awards of$4,725 each. g AmeriCorps® Provisions The AmeriCorps Provisions are binding on the Grantee. By accepting funds under this Grant,the Grantee agrees to comply with the AmeriCorps Provisions and all applicable federal statutes,regulations and guidelines. 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. The Grantee agrees to include in all subgrants the applicable terms and conditions contained in this award. For the purposes of these Provisions,AmeriCorps refers to AmeriCorps*State, AmeriCorps*National and AmeriCorps*Tribes and Territories Programs only. All applicable Provisions of the Grant including regulations and OMB circulars that are incorporated by reference shall apply to any Grantee, sub-Grantee, or other organization carrying out activities under this award. A. DEFINITIONS B. AMERICORPS SPECIAL PROVISIONS 1. Purposes of the Award 2. AmeriCorps Affiliation 3. Local and State Consultation 4. Prohibited Program Activities 5. Fund Raising 6. Member Eligibility,Recruitment and Selection 7. Member Training, Supervision and Support 8. Terms of Service 9. Release from Participation 10. Minor Disciplinary Actions 11. Living Allowances,In-Service Benefits and Taxes 12. Post-service Education Awards 13. Matching Requirements 14. Member Records and Confidentiality 15. Budget and Programmatic Changes 16. Reporting Requirements 17. Grant Period and Incremental Funding C. GENERAL PROVISIONS 18. Legislative and Regulatory Authority 19. Other Applicable Statutory and Administrative Provisions 20. Responsibilities under Grant Administration 21. Financial Management Provisions 22. Administrative Costs 23. Equipment and Supplies Costs FINAL June 16,2000 24. Project Income 25. Payments under the Award 26. Retention of Records 27. Site Visits 28. Liability and Safety Issues 29. Drug-Free Workplace 30. Non-discrimination 31. Supplementation,Non-duplication and Non-displacement 32. Grievance Procedure 33. Ownership and Sharing of the Award Products 34. Publications 35. Evaluation 36. Suspension or Termination of the Award 37. Order of Precedence FINAL Arne 16.2000 2 A. DEFINITIONS For purposes of this Grant the following definitions apply: a. Act means the National and Community Service Act of 1990,as amended(42 U.S.C. 12501 et seq.) b. Administrative Costs are expenses associated with the overall administration of a Program,and are defined in the General Provisions, Clause 22, Administrative Costs. c. AmeriCorps National Service Network means AmeriCorps*State, AmeriCorps*National,AmeriCorps*Tribes and Territories,Volunteers in Service to America(VISTA),and National Civilian Community Corps (NCCC)Programs taken together as programs dedicated to national service. VISTA is authorized under the Domestic Volunteer Service Act(42 U.S.C. 4950 et seq.). NCCC is authorized under the National and Community Service Act(42 U.S.C. 12611 et seq.). d. Approved National Service Position means a national service position for which the Corporation has approved the provision of a national service education award as one of the benefits to be provided for successful service in the position. e. Corporation means the Corporation for National and Community Service established under section 191 of the Act(42 U.S.C. 12651). f. Education Award means an award provided to a member who has successfully completed a required term of service in an approved national service position and who otherwise meets the eligibility criteria in the Act. An education award may be used: (1)to repay qualified student loans, as defined in the Act;(2)toward the cost of attendance at an institution of higher education, as those terms are defined in the Act; and(3)toward expenses incurred in participating in school-to-work programs approved by the Secretaries of Labor and Education. g. Grantee, for the purposes of this agreement,means the direct recipient or the subrecipient/site of this Grant. The term sub-Grantee shall be substituted for the term Grantee where appropriate. The Grantee is legally accountable to the Corporation for the use of Grant funds and is bound by the provisions of the Grant. h. Indian Tribe means a federally-recognized Indian tribe, band, nation, or other recognized group or community,including any Native village, Regional Corporation, or Village Corporation, as defined under the Alaska Native FINAL rune 16,2000 3 Claims Settlement Act(43 U.S.C. 1602),that the United States Government determines is eligible for special programs and services provided under federal law to Indians because of their status as Indians. An Indian tribe also includes any tribal organization controlled, sanctioned, or chartered by one of the entities described above. i Member means an individual: i. Who is enrolled in an approved national service position; ii. Who is a U.S. citizen,U.S. national or lawful permanent resident alien of the United States; iii. Who is at least 17 years of age at the commencement of service unless the member is out of school and enrolled - (a)In a full-time,year-round youth corps Program 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 (b) 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; iv. 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 enroll 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 Program to be incapable of obtaining a high school diploma or its equivalent(provided that the Corporation's AmeriCorps Program Office has waived the education attainment requirement for the individual). j. National Service Trust is the account established in the U.S.Department of the Treasury under the Act(42 U.S.C. 12601)for the purpose of holding and making payments of education awards and other education benefits to AmeriCorps members. k. OMB means the U.S. Office of Management and Budget. 1. Out-Of-School Youth means youth age 16 and older who have either dropped out or otherwise have no permanent affiliation with a secondary school. This definition does not include individuals who are in between school years and firlly intend to return to school in the fall. m. Parent Organization means a grantee that is responsible for implementing and managing a National Direct AmeriCorps Program. FINAL June 16,2000 4 n. Program means a national service Program, described in the Act(42 U.S.C. 12572(a)), carried out by the Grantee through funds awarded by the Corporation and carried out in accordance with federal requirements and the Provisions of this Grant. o. Project means an activity or set of activities carried out under a Program that results in a specific,identifiable community service or improvement: That otherwise would not have been matte with existing funds; and ii. That does not duplicate the routine services or functions of the organization to which the members are assigned. p. Project Sponsor means an organization or other entity that has been selected to provide a national service position for a member. q. Service Recipient means a community beneficiary who receives a service or benefit from the service of AmeriCorps members. r. State Commission means the Commission on National and Community Service established by a state pursuant to the Act(42 U.S.C. 12638), including an authorized alternative administrative entity to administer the state's national service plan and national service programs and to perform such other duties prescribed by 45 C.F.R. 2550.80. s. Sub-Grantee refers to an organization receiving AmeriCorps Grant funds from a Grantee of the Corporation. FINAL June 16,2000 5 B. AMERICORPS SPECIAL PROVISIONS 1. PURPOSES OF THE GRANT. The general purposes of this Grant are "Getting Things Done"in communities, strengthening the ties that bind communities together,and developing the citizenship and skills of AmeriCorps members. Activities funded through this C__nt must help engage Americans of all backgrounds as members in community-based service that provides a direct and demonstrable benefit that is valued by the community. Service activities must result in a specific identifiable service or improvement that otherwise would not be provided with existing funds or volunteers and that does not duplicate the routine functions of workers or displace paid employees. 2. AFFILIATION WITH 111E AMERICORPS NATIONAL SERVICE NETWORK a. Identification as an AmeriCorps Program or Member. The Grantee must identify the Program as an AmeriCorps Program and members eligible for a Corporation-approved post-service education award as AmeriCorps members. b. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of the Corporation for National Service. The Grantee 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. 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: 1. Using the AmeriCorps name or logo on materials that will be sold, or ii. Permitting donors to use the AmeriCorps name or logo in promotional materials. c. AmeriCorps Service Gear. The Grantee is encouraged to provide the Core AmeriCorps Service Gear Package for each member. The core package includes the standard items made available by the Coiporation. The Grantee should direct members to wear their service gear at officially designated AmeriCorps events and may allow members to wear their service gear at other FINAL June 16,2000 6 times consistent with Corporation guidelines. The Grantee may not use Corporation funds to purchase local Program service gear. d. Participation in AmeriCorps Events. The Grantee agrees, within reasonable limits,to arrange for members to participate in AmeriCorps events and activities sponsored by the Corporation, such as the National Opening Ceremonies, conferences and national service days. FINAL June 16,2000 7 3. LOCAL AND STATE CONSULTATION. a. Community Consultation. The Grantee must design, implement and evaluate the funded project with extensive and broad-based community involvement, including consultation with representatives from the community served,members and potential members, community-based agencies with a demonstrated record in providing services, foundations and businesses. b. Labor Union Concurrence. Prior to the placement of members,the Grantee must consult with local labor organizations representing employees of project sponsors or representing employees in the area to be served by the Program. This includes people engaged in the same or similar work as that proposed to be carried out by the Program, and is required to ensure compliance with the non-displacement requirements contained in Clause 31 of these Grant Provisions. c. State Commission Consultation. In coordination with the Corporation, AmeriCorps*National and AmeriCorps*Tribes and Territories Grantees are strongly encouraged to consult on a regular basis with the State Commission in each state that a Program operates. Such communications build upon existing programs throughout the state while avoiding the duplication of efforts in other AmeriCorps Programs. 4. PROHIBITED PROGRAM ACTIVITIES. While charging time to the AmeriCorps Program, accumulating service or training hours, or otherwise performing activities associated with the AmeriCorps program or the Corporation,staff and members may not engage in the following activities: a. Attempting to influence legislation. b. Organizing or engaging in protests,petitions,boycotts, or strikes. c. Assisting,promoting or deterring union organizing. d. Impairing existing contracts for services or collective bargaining agreements. e. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. 1. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties,political platforms,political candidates,proposed legislation, or elected officials. g. Engaging in religious instruction; conducting worship services; providing instruction as part of a Program that includes mandatory religious instruction FINAL lune 16,2000 8 or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship;or engaging in any form of religious proselytization. h. Providing a direct benefit to: i. A for-pofit entity; ii. A labor union; iii. A partisan political organization;or iv. An organization engaged in the religious activities described in the preceding sub-clause,unless Grant funds are not used to support the religious activities. -v. A nonprofit entity that fails to comply with the restrictions contained in section 501(c)(3) of U.S. Code Title 26. L Voter registration drives by AmeriCorps members is an unacceptable service activity. In addition,Corporation funds may not be used to conduct a voter registration drive. j. Other activities as the Corporation determines will be prohibited,upon notice to the Grantee. Individuals may exercise their rights as private citizens and may participate in the above activities on their initiative, on non-AmeriCorps time,and using non-Corporation finds. The AmeriCorps logo should not be worn while doing so. 5. FUND RAISING. a. Members. A member's service activities may not include organized fund raising,including financial campaigns, endowment drives,solicitation of gifts and bequests,and similar activities designed for the sole purpose of raising capital or obtaining contributions for the organization. Service activities that raise finds or in-kind contributions while generating, involving and/or encouraging community,support may be appropriate and allowable,such as serve-a-thons,to the extent they are in direct and immediate support of an approved objective of the Program and provided that they are not the Program's primary activity or involve significant amounts of an individual member's time. Prohibited activities for members include preparing grant proposals, performing fund raising activities to help the Grantee achieve its matching requirements or to support an organization's general operating expenses, and providing fund raising assistance to other community-based organizations that do not provide immediate and direct support to a Grantee's approved Program objective. FINAL June 16,2000 9 b. Staff. An AmeriCorps staff member's time and related expenses may not be charged to the Corporation or Grantee share of the Grant while engaged in organized fund raising, including financial campaigns, endowment drives, the general solicitation of gifts and bequests, door-to-door solicitations, direct mail, or similar activities for which the sole purpose is raising capital or obtaining contributions for the organization. Expenses incurred to raise funds may be paid out of the funds raised. Development officers and fund-raising staff are not allowable expenses. Staff time and effort spent on raising the match requirements should be incidental to the overall management of the Program, and should be focused primarily on developing and disseminating information to potential fenders on the AmeriCorps Program and its achievements. Staff can make presentations and educate fenders on objectives,goals and accomplishments. Efforts to involve the community in support of the AmeriCorps program, such as obtaining medical contributions or assistance at a health fair; donations of building supplies for an AmeriCorps construction project; and coordinating community participation in and support of a serve-a-thon and service activities are also allowable. 6. ELIGIBILITY,RECRUITMENT,AND SELECTION. a. Eligibility to Enroll. The Grantee may select as AmeriCorps members only those individuals who are eligible to enroll in AmeriCorps. In order to be eligible, an individual must meet the statutory requirements in sections ii-iv of the definition of a member(Definitions, letter i). The Grantee is responsible for obtaining and maintaining adequate documentation to demonstrate the eligibility of members. b. Recruitment. i. Community Recruitment. The Grantee must seek to recruit Program members from the community in which the project is conducted, as well as members of diverse races, ethnicities,genders, ages, socioeconomic backgrounds, edudation levels,and mental and physical capabilities,unless and to the extent that the approved Program design requires emphasizing the recruitment of staff and members who share a specific characteristic or background. In no case may a Grantee violate the non-discrimination and non-displacement rules governing member selection. ii. National Recruitment. To supplement local recruitment efforts, the Grantee is encouraged to request referrals of eligible individuals through the Corporation's national recruitment database and the various State Commissions'recruitment systems. Grantees may be asked to consider qualified individuals on the database,but will not be required to select anyone. Prospective AmeriCorps members may access the national FINAL June 16,2000 10 recruitment database through the Corporation's toll-free number, 1-800- 94-ACORP/1-800-942-2677 (voice), or 1-800-833-3722 (TDD). c. Selection. The Grantee is responsible for establishing the minimum qualifications for membership in the Program, selecting members who meet those qualifications, and assigning members to projects that are appropriate to their skill levels. The Grantee must select members in a fair,non-partisan, non-political and non-discriminatory manner,without regard to the member's need for reasonable accommodation of a disability or child care,without displacing paid employees, and in accordance with its approved application. The Grantee is encouraged to select members who possess a commitment to the goals of AmeriCorps. d. 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 program staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation. By far,the vast majority of accommodations are inexpensive. For those limited cases where reasonable accommodations are more costly,there is a limited amount of money available through State Commissions to provide accommodations for service members. By statute,only Subtitle C competitive State and National Direct AmeriCorps Programs may use these funds. The President's Committee on Employment of People with Disabilities operates a toll-free, confidential,free resource for employers on reasonable accommodation requirements and options for accommodating employees at (800) 526-7234(voice/TDD),e-mail at JAN(cr�,ian.icdi.wvu.edu, or website at www.ncend.gov. Accommodations that impose an undue financial or administrative burden on the operation of the program or fundamentally alter its nature are not reasonable accommodations. However,the Grantee must document and prove any undue burden. Similarly,a person who poses a direct threat to the health or safety to himself or herself or to others,where the threat cannot be eliminated by reasonable accommodation, is not a qualified individual with a disability. In such instances the Grantee must document and prove the direct threat. e. Level of Participation. The Grantee must seek to enroll the number of full- time and part-time members agreed upon in its approved application. A Program should make every effort to enroll members so that each member has a reasonable expectation of completing his/her term of service by the end of the Program's budget period. Should a Program not be renewed, a member who was scheduled to continue in a term of service either may be placed in FINAL June 16,2000 11 another Program where feasible, or a member can receive a pro-rated education award if the member has completed at least 15%of the service hour requirement. 1. Member Classification. AmeriCorps members are not employees of the Program or of the federal government. The definition of"participant" in the National and Community Service Act of 1990 as amended applies to AmeriCorps members. As such,"a participant(member)shall not be considered to be an employee of the Program in which the participant (member) is enrolled" (42 U.S.C. 12511(17)(B)). Moreover,members are not allowed to perform an employee's duties or otherwise displace employees. For the limited purposes of the Family and Medical Leave Act of 1993,the member may be considered an eligible employee of the project sponsor. The Family and Medical Leave Act's requirements as they apply to AmeriCorps Programs are contained in 45 C.F.R. 2540.220(b). Generally,this Act will apply only to second term members. g. Parental Consent. Before enrolling in a Program, individuals under eighteen years of age must provide written consent from a parent or legal guardian. h. Criminal Record Checks. Programs with members or employees who have substantial direct contact with children(as defined by state law) or who perform service in the homes of children or individuals considered vulnerable by the program, shall,to the extent permitted by state and local law,conduct criminal record checks on these members or employees as part of the screening process. This documentation must be maintained within member or employee files, or otherwise consistent with state law. i. Criminal Charges. An AmeriCorps member who is officially charged with a violent felony,or with the sale or distribution of a controlled substance during a term of service will have his/her service suspended without a living allowance and without receiving credit for hours missed. The member may be reinstated into AmeriCorps service if he/she is found not guilty or if the charge is dismissed. If an AmeriCorps member who has been cleared of such charges is unable to complete his/her term of service within one year,he/she may accept a pro-rated education award as long as he/she has completed at least 15% (255 hours full-time/135 hours part-time)of his/her service. An AmeriCorps member who is convicted of a criminal charge as described above must be terminated for cause from the program, and he/she is not eligible for any portion of an education award. 7. TRAINING,SUPERVISION AND SUPPORT. FINAL June 16.2000 12 a. Planning for the Term of Service. The Grantee must develop member position descriptions that provide for direct and meaningful service activities and performance criteria that are appropriate to the skill level of members. Member activities may not include clerical work, research, or fund raising activities unless such activities are incidental to the member's direct service activities. The Grantee must ensure that each member has sufficient opportunity to complete the required number of hours to qualify for a post- service education award. 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. b. Member Contracts. The Grantee must, -a '_ that members sign contracts that, at a minimum, stipulate the following: i. The minimum number of service hours and other requirements (as developed by the Program)necessary to successfully complete the term of service and to be eligible for the education award; ii. Acceptable conduct; iii. Prohibited activities; iv. Requirements under the Drug-Free Workplace Act(41 U.S.C. 701 et seq.); v. Suspension and termination rules; vi. The specific circumstances under which a member may be released for cause; vii. The position description; viii. Grievance procedures; and ix. Other requirements as established by the Program. c. Training. Consistent with the approved budget,the Grantee must provide members with the training, skills,knowledge and supervision necessary to perform the tasks required in their assigned project positions, including specific training in a particular field and background information on the community served. The Grantee must conduct an orientatibn for members and comply with any pre-service orientation or training required by the Corporation. This orientation should be designed to enhance member security and sensitivity to the community. Orientation should cover member rights and responsibilities, including the Program's code of conduct,prohibited activities,requirements under the Drug-Free Workplace Act(41 U.S.C. 701 et seq.), suspension and termination from service, grievance procedures,sexual harassment, other non- discrimination issues, and other topics as necessary. d. Service-Learning. The Grantee agrees to use service experiences to help members achieve the skills and education needed for productive, active citizenship, including the provision,if appropriate,of structured opportunities FINAL Arne 16.2000 13 for members to reflect on their service experiences. e. Limit on Education and Training Activities. No more than 20% of the aggregate of all AmeriCorps member service hours in a Program may be spent in education,training or other non-direct activities. 1. Supervision. The Grantee must provide members with adequate supervision by qualified supervisors in accordance with the approved application. The Grantee must establish and enforce a code of conduct for members. g. Performance Reviews. The Grantee must conduct at least a mid-term and end-of term written evaluation of each member's performance, focusing on such factors as: i. Whether the member has completed the required number of hours; ii. Whether the member has satisfactorily completed assignments; and iii. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. h. Support Services. The Grantee must provide specific support services to members who are school dropouts by assisting them in earning the equivalent of a high school diploma; and to members who are completing a term of service and are making the transition to other education and career opportunities. L Registration to Vote. The Grantee should encourage all eligible members to register and vote. However,the Grantee is prohibited from requiring members to register or to vote,and from attempting to influence how members vote. Members who are unable to vote before or after service hours should be allowed to do so during their service time without incurring any penalties. The site director should determine the length of absence. j. Jury Duty. The Grantee must allow AmeriCorps members to serve on a jury without being penalized for doing so. During the time AmeriCorps members serve as jurors,they should continue tb receive credit for their normal service hours, a living allowance,health care coverage and, if applicable,child care coverage regardless of any reimbursements for incidental expenses received from the court. k. Member Injury. The Grantee must report any serious injuries to the appropriate Corporation Program Officer immediately. L Armed Forces Reserves. Generally,the Reserves of the U.S.Army,U.S. Navy,U.S. Air Force,U.S. Marine Corps,U.S. Coast Guard, the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus 12 to 15 days a year(hereafter referred to as the two- week active duty service). FINAL June 16,2000 14 To the extent possible,grantees should seek to minimize the disruption in members' AmeriCorps service as a result of discharging responsibilities related to their reservist duties. If members have a choice of when to fulfill their annual two-week active duty requirement,they should do so when it will not disrupt their AmeriCorps service. In instances where the dates of active duty are inflexible and conflict with AmeriCorps service,members should be granted a leave of absence for the two-week period of active duty service in the Reserves. Members may not receive time-off for additional Reserves- related service beyond the two-week active duty service.No AmeriCorps service credit is earned for the once-a-month weekend service in the Reserves. Grantees should credit members for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps service. The member would receive credit for the number of hours he or she would have served during that period had there been no interruption. For example,if a full-time member is signed up to serve 30 hours of AmeriCorps service one week and 40 hours of AmeriCorps service on the following week, she or he would receive 70 hours of AmeriCorps service credit for the two weeks of active duty service regardless of the actual number of hours served in the Reserves. Reservists in the U.S. Armed Forces receive compensation for their mandatory two-weeks of active duty service. The compensation regulations governing the Army and Air National Guard may vary by state. Grantees should continue to pay the living allowance and provide health care and child care coverage for the two-week period of active duty. 8. TERMS OF SERVICE. a. Program Requirements. Each Program must, at the start of the term of service, establish the guidelines and definitions for the successful completion of the Program year,ensuring that these Program requirements meet the Corporation's service hour requirements as defined below: i. Full-Time Members. Members must serve at least 1700 hours during a period of not less than nine months and not more than one year. ii Part-Time Members. Pait-time members who are not enrolled in an institution of higher education must serve at least 900 hours during a period of not more than two years. iii. Reduced Part-Time Members. Reduced part-time members must serve between 300 and 900 hours over a time not.to exceed one year. Within a Program all reduced part-time members must serve the same number of hours unless advance approval is obtained from the AmeriCorps Program Office. FINAL June 16,2000 15 b. Service in a Second Term. Programs are under no obligation to enroll members for a second term of service.To be eligible for a second term, members must receive a satisfactory performance review for the first term of service. In any event,members may receive in-service and post-service benefits funded by the Corporation for only the first two terms of service. c. Notice to the Corporation's National Service Trust. The Grantee must notify the Corporation's National Service Trust within 30 days in writing upon a member's enrollment in, completion of, lengthy or indefinite suspension from,or release from,a term of service. Lengthy or indefinite suspension of service is defined as any extended period during which the member is not serving service hours or receiving AmeriCorps benefits because it is unclear when the member might return to the Program. 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 part-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 properly utilizing WBRS meet notification requirements for member enrollment, changes of status and exits when they use that system to inform the Corporation within the approved time frames. Any questions regarding the Trust may be directed to (202)606-5000 ext. 347. d. Notice to Child Care and Health Care 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 child care or health care. Examples of changes in status are converting a full-time member to part-time member,terminating or releasing members from service,and suspending members for cause for lengthy or indefinite time periods. Program directors should contact AmeriCorps®Care at 1-800-570-4543 on child care related changes, and their health insurance provider about health insurance related changes. e. Changing Member Status. Circumstances may arise within a program that necessitate converting full-time members to part-time or vice versa. The following distinguishes between converting unfilled AmeriCorps member positions and converting currently enrolled members from their enrolled status. Note that once a member is given a partial education award,the remaining portion of that education award is not available for use. Any change of member status that 1)necessitates a change in the number of full-time equivalent positions in the grant, or 2)requires an increase or decrease in the funding amount of the Grant requires prior written approval from the Corporation's Office of Grants Management. i. Unfilled Positions. State Commissions and Parent Organizations are hereby delegated authority to approve or authorize the conversion of FINAL J ne 16,2000 16 unfilled full-time member positions to part-time within the following parameters. The number of unfilled positions that may be converted may not exceed 20%of the Parent Organization's or specific State Commission Program's awarded full-time equivalent positions or 10 full-time equivalent positions,whichever is greater. For example, if a Parent Organization or specific State Commission Program was awarded 40 full- time equivalent positions,no more than 10 (the greater of 8 and 10) full- time equivalent positions may be converted for the program. If a Parent Organization or specific State Commission Program was awarded 100 full-time equivalent positions,no more than 20(the greater of 20 and 10) full-time equivalent positions may be converted. When positions are 'converted,the number of full-time equivalents must remain the'same - -- within each program to maintain the equivalent estimated cost per member. In other words, if you want to replace 1 full-time unfilled member position,you must establish 2 part-time 900 hour positions. Changes that exceed the limits stated above must be approved in advance by the AmeriCorps Program Office. Conversely,unfilled part-time positions may be converted to full-time positions within the aforementioned constraints pertaining to number and percentage limitations,number of full-time equivalents,education awards provided, and available funds. ii Enrolled Members. (a)Full-Time. State Commissions and Parent Organizations may authorize or approve occasional changes of currently enrolled full-time members to part-time members within the first three months of the member's service and within the constraints defined above in section e.i. Impact on program quality should be factored into approval of requests. The Corporation will not cover health care or child care costs for part-time members,therefore appropriate adjustments must be made. It is not allowable to transfer currently enrolled full-time members to a part-time status Simply to provide a part-time education award. A Change of Status form must be completed and forwarded to the Corporation within 30 days. (b) Part-Time.Converting part-time members to full-time is discouraged because it is very difficult to facilitate,unless done very early in the member's term of service. State Commissions and Parent Organizations may authorize or approve such changes so long as they are within the first three months of the member's service,and the current budget can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 12 months of the member's original start date. A Change of Status form must be completed and forwarded to the Corporation within 30 days. FINAL June 16,2000 17 State Commissions and Parent Organizations must forward all changes and appropriate forms to the Corporation after approval. Any requests for changes that fall outside of the parameters set forth above, including those involving reduced part-time members,must come to the Corporation for written approval with concurrence from the State Commission or Parent Organization. 9. RELEASE FROM PARTICIPATION. Grantees may release members from participation for two reasons: (1) for compelling personal circumstances; and(2) for cause in accordance with 45.C.F.R. 2522.230. a. Compelling Circumstances. The Grantee is responsible for determining whether a member's personal circumstances are sufficiently compelling to justify release on this basis. If a Grantee releases a member for compelling personal circumstances,the Grantee may elect either to authorize a pro-rated education award or temporarily to suspend service for up to two years. If a term of service is temporarily suspended,the member will not accrue service hours or receive benefits during this time period. In order to be eligible for a pro-rated education award,a member must have served a minimum of 15%of his or her term of service. If a Grantee releases a member on the grounds that an accommodation of a disability would impose an undue burden,the Grantee must document its determination and notify the Corporation. Such circumstances are to be considered"compelling" for purposes of this sub- clause. The Corporation for National Service allows each program to decide on a case-by-case basis whether the situation warrants a member receiving a partial award. However,the Corporation's policy is that generally the compelling circumstance must be beyond the member's control. Compelling personal circumstances include those that are beyond the member's control, such as,but not limited to: • A member's disability or serious illness; • Disability, serious illness or death'of a member's family member if this makes completing a term unreasonably difficult or impossible; or • Conditions attributable to the program or otherwise unforeseeable and beyond the member's control,such as a natural disaster, a strike, relocation of a spouse, or the nonrenewal or premature closing of a project or program,that make completing a term unreasonably difficult or impossible. Compelling personal circumstances also include those that the Corporation has, for public policy reasons, determined as such, including: • Military service obligations; • Acceptance by a member of an opportunity to make the transition from welfare to work; or FINAL June 16,2000 18 • Acceptance of an employment opportunity by a member serving in a program that includes in its approved objectives the promotion of employment among its members. • If a member leaves AmeriCorps service for any of the reasons noted above and the Grantee or Sub-Grantee determines that the member has served at least 15% of his or her service(or 255 hours for full-time service),the member is eligible for a portion of the education award corresponding to the period served. Compelling personal circumstances do not include leaving a program: • To enroll in school; , *_ • To obtain employment,other than in moving from a welfare to work or in leaving a program that includes in its approved objectives the promotion of employment among its members; or • Because of dissatisfaction with the program. If the member resigns for any of these reasons or other reasons that are within his or her control,the individual should receive no portion of the AmeriCorps education award. The member has the primary responsibility for demonstrating that compelling personal circumstances prevent the member from completing the term of service. Grantees must make these determinations based on these criteria and indicate the reasons for early termination on the End of Term of Service forms. b. For Cause. A release for cause encompasses any circumstances other than compelling personal circumstances that warrant a member's release from completing a term of service. The Grantee may release a member for cause according to the conditions of the Corporation and the member's contract. A Grantee must release a member for cause if the member is convicted of a violent felony or the sale or distribution of a controlled substance during a term of service. If the member is charged with a violent felony or the sale or distribution of a controlled substance,or convicted of the possession of a controlled substance,the Grantee must suspend the member without any AmeriCorps benefits, including living allowance, and without receiving credit for hours missed. Any member who drops out of a Program without obtaining a release for compelling personal circumstances is considered to have been released for cause. A member released for cause may not receive any portion of an education award. A member wrongly released or suspended for cause will receive credit for any service missed and reimbursement for missed living allowances as specified in 45 C.F.R. 2522.230. Members are not eligible to receive any benefits or service hour credit upon release from service for cause. FINAL June 16,2000 19 c. Resumption of Service. Any member whose service was suspended because of being charged with a violent felony or sale or distribution of a controlled substance may be reinstated to service if the member is found not guilty or if the charge is dismissed. Any member whose service was suspended because of being convicted of a first offense of possession of a controlled substance may resume service by demonstrating that the member has enrolled in an approved drug rehabilitation Program. A member convicted of a second or third offense of possession of a controlled substance may resume service by demonstrating successful completion of a rehabilitation program. In addition, any individual released for cause who wishes to reapply to the Program from which he or she was released or to any other AmeriCorps Program is required to disclose the release to that Program. Programs should inform members that failure to disclose to an AmeriCorps Program any history of having been released for cause from another AmeriCorps Program will render an individual ineligible to receive the AmeriCorps education award, whether or not that individual successfully completes the term of service. 10.MINOR DISCIPLINARY ACTIONS. The Grantee may temporarily suspend or impose a fine on a member for minor disciplinary reasons, such as chronic tardiness,as outlined in the conditions of the member contract. a. Temporary Suspension of Service. The period of suspension does not count toward a member's required service hours. Further,members who are suspended for minor disciplinary reasons may not receive a living allowance for the suspension period. b. Fines. If determined to be necessary for improvements in member performance or attendance,the Grantee may impose a reasonable fine on members for minor disciplinary problems consistent with the member contract. The fines may not be calculated on an hourly basis. For example, a member who is an hour late may not be fined an hour's worth of living allowance. Instead,the Grantee shall establish a written policy on fines, which is not linked to an hourly rate. The Grantee may not deduct fines from the member's living allowance. 11.LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS AND TAXES. The living allowance match must come from non-federal sources,unless an exception for lack of available financial resources at the local level under 42 U.S.C. 12594 (g)is specifically approved in Section VII. Special Conditions of the Award document. Programs that want to provide a living allowance in excess of the minimum amount stated in the Application Guidelines must provide a Grantee match for all funds over 85% of that minimum. FINAL June 16.2000 20 a. Living Allowances. Unless otherwise agreed upon, a Grantee must provide a living allowance to full-time members in accord with the following: i. Full-Time requirements. Please refer to the Application Guidelines for current year amounts. The living allowance is based on the total average annual amount provided to VISTA volunteers. The Corporation will only fund up to 85%of the minimum living allowance. A minimum of 15%must be matched by non-federal sources. A program that wants to provide a living allowance in excess of the stated minimum must provide a Grantee match for all funds over 85% of that stated amount. If the program is permitted to provide a living allowance that is less than the stated minimum,the Corporation will only fund 85%of the actual amount. ii Part-Time Requirements. Programs are not required to pay part- time members living allowances. If a Program chooses to pay part-time members,it should prorate the full-time living allowance based on the part-time member's service. The Corporation will fund up to 85%of the pro-rated living allowance. iii. Other Requirements. Programs may not provide a living allowance benefit above the maximum amount stated in the Application Guidelines for full-time members unless permitted under 42 U.S.C. 12594(c), or pro-rated based on number of hours for part-time. Programs in existence prior to September 21, 1993 may offer a lower living allowance than the stated minimum; however, Corporation funds will only support 85%of the actual amount. b. Living Allowance Distribution. The living allowance is designed to help members meet the necessary living expenses incurred while participating in the AmeriCorps Program.Programs must not pay a living allowance on an hourly basis. It is not a wage and should not fluctuate based on the number of hours members serve in a given time period. Programs should pay the living allowance in increments, such as weekly or bi-weekly. Programs may use their organization's payroll system to process members' living allowances. However,if a payroll system cannot be altered and must show 40 hours in order to distribute a living allowance,then members' service hours should be documented separately to keep track of their progress towards the Program's total required AmeriCorps service hours. c. Waiving the Living Allowance. A member may waive all or part of the payment of a living allowance if he or she believes his or her public assistance may be lost because of the living allowance,with the following caveats: i. 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; FINAL June 16,2000 21 ii. Members may revoke the waiver at any time during the course of the program; iii. If a member revokes the waiver, he or she may begin receiving the living allowance only from the date on which the waiver was revoked;the member may not receive any portion of the living allowance that accrued during the waiver period. d. Taxes and Insurance. i. Liability Insurance.The Grantee must have adequate general liability coverage for the organization,employees and members, including coverage of members engaged in on-and off-site project activities. ii. FICA(Social Security and Medicare taxes). Unless the Grantee. obtains a ruling from 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. 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. iv. Unemployment Insurance. The U.S. Department of Labor ruled on April 20, 1995 that federal unemployment compensation law does not require coverage for members because no employer-employee relationship exists.The Grantee cannot charge the cost of unemployment insurance taxes to the Grant unless mandated by state law. Programs are responsible for determining the requirements of state law by consulting their State Commission, legal counsel or the applicable state agency. AmeriCorps*National and AmeriCorps*Tribes and Territories Grantees must coordinate with their State Commissions to determine a consistent state treatment of unemployment insurance requirements. State Commissions must coordinate the determination of the state's legal requirements to pay unemployment insurance for members with the Corporation's General Counsel. v. Worker's Compensation. Worker's Compensation is an allowable cost to the Grant. The Grantee is responsible for determining whether state law requires the provision of worker's compensation for members. If a Program is not required by state law to provide worker's compensation,the Program must obtain Occupational Accidental Death and Dismemberment insurance coverage for members to cover in-service injury or incidents. e. Health Care Coverage.The Grantee must provide a health care policy to those full-time members not otherwise covered by a health care policy at the time of enrollment into the AmeriCorps program, or to those members who lose coverage during their term of service as a result of participating in the FINAL Arne 16,2000 22 Program or through no deliberate act of their own. The Corporation will not cover health care costs for family members or for part-time members. i. Minimum Benefits.The health care policy must meet the following minimum benefits: • Physician services for illness or injury; • Hospital room and board; • Emergency room; • X-ray and laboratory; • Prescription drugs; • Limited mental/nervous disorders; • Limited substance abuse coverage; • An annual deductible of no moiethan$250 charges per member, • No more than$1,000 total annual out-of-pocket per member; • A 20%co-pay or a comparable fixed fee with the exception of a 50%co-pay for mental and substance abuse care; and • A maximum benefit of$50,000. ii. Obtoining Health Care Coverage. You may obtain health care insurance for your members through any provider you choose, as long as the policy provides the minimum benefits and is not excessive in cost. If you use a health care policy that charges more than$150 per month to the Corporation you must send a copy of the policy along with a summary of its coverage and costs to the Corporation's Office of Grants Management. ili. Part-Time Members. Although no portion of health insurance expenses for part-time members may be paid from Corporation funds, You may choose to provide health care to part-time members from other sources. iv. Part-Time Members Serving in a Full-Time Capacity. Part- time members who are serving in a full-time capacity for a sustained period of time(such as a full-time summer project)may be eligible for health care benefits supported with Corporation finds,although that coverage must be approved in the Grant or via prior written approval from the Corporation's Office of Grants Management. f. Child Care. The Grantee must ensure that child care is made available to those full-time members who need such assistance in order to participate. Members are not eligible to receive child care from AmeriCorps while they are receiving child care subsidies from another source for the same period of AmeriCorps Service. i. Member Eligibility. A member is considered to need child care in order to participate in the Program if: (a)He or the is the parent or legal guardian(or acting in loco parentis)for a child under the age of 13 who resides with the member; (b) He or she has a family income that does not exceed the state's income eligibility guidelines for a family of the same size. At a FINAL June 16.MOO 23 maximum, family income can be no more than 75%of the state's median income;and (c)At the time of acceptance into the Program,he or she is not receiving child care from another available source which would • continue to be provided while the member serves in the program. ii. Qualified Providers. To be eligible for payment with AmeriCorps funds, a child care provider must qualify under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(4)(A)). Each state has its own criteria. Payments will not be made to ineligible providers. iii. Administration of Child Care Payments. In general,the Corporation--wiliprovide for child care payments,which will be administered through the National Association of Child Care Resource and Referral Agencies(NACCRRA),hereafter referred to as AmeriCorps®CARE. Grantees that choose to provide child care as a match source(as approved in their budget)may use AmeriCorps®CARE for technical assistance. Grantees can contact AmeriCorps®CARE at 1- 800-570-4543 with questions regarding child care. iv. Program Director's Responsibilities. In addition to determining a member's eligibility at the start of the term of service, Program directors are required to notify AmeriCorps®CARE immediately in writing when: (a)A member is no longer eligible for child care benefits due to a change in the member's eligibility status (e.g., family income exceeds the limit,the child turns 13,a full-time member becomes a part-time member,or a member leaves the Program); (b)New or existing members become eligible for child care benefits; (c)A member wishes to change child care providers or a child care provider will no longer provide child care services;or (d)A member is absent from the Program for excessive periods of time(five or more days in a month). Costs incurred due to the Grantee's failure to keep AmeriCorps®CARE immediately informed of changes in a member's status may be charged to the Grantee's organization. v. Part-Time Members. Although no portion of child care expenses for part-time members may be paid from Corporation funds,Programs may choose to provide child care to part-time members from other sources. vi. Part-Time Members Serving in a Full-Time Capacity. Part- time members who are serving in a full-time capacity for a sustained period of time (such as a full-time summer project)may be eligible for child care benefits supported with Corporation funds, although that coverage must be approved in the Grant or via prior written approval from the Corporation's Office of Grants Management. vii. Payments. Payments or reimbursement for child care benefits will be made for eligible members to qualified providers from the date child care need was established after service began. No payments and FINAL rune 16,2000 24 reimbursements will be made in the event the AmeriCorps member was ineligible,or if the provider was not qualified under the state guidelines. g. Family and Medical Leave. AmeriCorps members who have served for at least 12 months and 1250 hours can take family and medical leave in accordance with the Family and Medical Leave Act of 1993 (FMLA), provided the sponsoring institution, if non-federal, employs staff of more than 50 people. (See the Corporation's Regulations at 45 C.F.R. 2540.220) Under FMLA,members may take up to 12 weeks of unpaid leave during a 12 month period for the following reasons: i. The birth of a child; ii. The placement of a child with an AmeriCorps member through adoption or foster care; Serious illness of an AmeriCorps member's spouse, child or parent; or iv. Serious illness prevents the AmeriCorps member from performing his or her essential service duties. According.to Corporation regulations, a serious health condition is an illness requiring in-patient care or continuing treatment by a health care provider. In the Grantee's discretion,temporary leave may also be authorized for the reasons allowed under FMLA to AmeriCorps members who do not otherwise meet the eligibility requirements for FMLA leave as described above. If temporary leave is appropriate,grantees have the flexibility to determine the duration of the absence for up to 12 weeks. The length of the leave must be based on two considerations: (1)the circumstances of the situation; and(2) the impact of the absence on the member's service experience and on the overall program. If the disruption would seriously compromise the member's service experience or the quality of the program as a whole,then the grantee may offer the member the option of rejoining the program in the next class or completely withdrawing from the program. The grantee also may allow a member to take intermittent leave or reduce his or her service hours for any of the reasons mentioned above. Grantees may continue to provide health care coverage to members on family and medical leave. If at the end of the leave, a member decides not to rejoin the program, FMLA allows grantees to recover their health premium payments,unless the reason for not returning is the continuation of the serious health condition or other circumstances beyond the member's control. However, given the small amounts involved(in most cases less than$300 per AmeriCorps member), Grantees may elect not to adopt this recovery policy. Family and medical leave does not count toward the requisite service hours and members may not receive a living allowance during this period. FINAL June 16,2000 25 h. Federal Work Study. Upon approval by the Corporation's Program Office, Work Study students may be enrolled as AmeriCorps members. AmeriCorps member benefits are reserved to those individuals who enroll in an AmeriCorps position in a program that has been approved by the Corporation. Except as required by Federal Work Study regulations,AmeriCorps members may not be paid on an hourly basis. Federal Work Study funds are treated as any other federal funds and do not change Grantee matching requirements. 12. POST-SERVICE EDUCATION AWARDS. 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 must notify the National Service Trust on a form provided by the Corporation(electronic submission via WBRS suffices) when it enrolls a member for a term of service,when the member completes the term, and whenever there is a change in the member's status during the term(e.g., release for compelling circumstances or suspension). A member may receive a post-service education award only for the first two terms of service. For example,one full-time and one part time term of service count as two terms. If a member is released for reasons other than misconduct prior to completing 15%of a term of service,that term does not count as one of the two terms for which an education award may be provided. No Corporation or other federal finds may be used to provide member support costs for a third or subsequent term of service in an AmeriCorps State or National Program. In order to receive a full education award, a member must perform the minimum hours of service as required by the Corporation and successfully complete the program requirements as defined by the Program. For example, if successful completion of a full- time program requires 1,800 service hours,members in that particular program are not eligible for an education award simply upon completion of 1,700 hours. If a member is released from a Program for compelling personal circumstances,the member is eligible for a pro-rated education award based on the number of hours served, if it is at least 15%of the total required hours. Questions regarding authorized uses of the education award should be directed to the Trust at(202)606-5000 ext. 347. 13.MATCHING REQUIREMENTS. a. Matching Obligation. The Grantee must provide and account for the matching funds as agreed upon in the approved application and budget. All programs are encouraged to raise some funds from the private sector,i.e. non- federal funds. The Corporation requires, at a minimum,the following aggregate matches: FINAL Lune 16,2000 26 i. Member Support Costs : 15% including Living Allowance, RCA,Unemployment Insurance,Worker's Compensation and Health Care ii. Program Operating Costs: 33% including Other Member Costs, Staff,Operating Costs,Internal Evaluation and Administration For further requirements,refer to OMB Circular A-102 and its implementation regulation(45 C.F.R. 2543) or A-110(45 C.F.R. 2541), as applicable. b. Cash Match for Member Support Costs. The Grantee's matching contributions for Member Support Costs (excluding health care) must be in non- federal monies,unless otherwise authorized in accordance with AmeriCorps Special Provision 11,Living Allowance. Tribal funds acquired through P.L. 93- 638 are considered non-federal and may be used to match Member Support Costs. Unless otherwise agreed upon by the Corporation,programs must meet the grantee share of Member Support Costs, as indicated in the approved budget, during each reporting quarter. c. Cash or In-Kind Match for Program Operating Costs. Contributions, including cash and third party in-kind, will be accepted as part of the Grantee's matching share for Program Operating Costs (defined as those other than the Member Support Costs)when such contributions meet all of the following criteria: i. They are verifiable from Grantee records; ii. They are not included as contributions for any other federally- assisted Program; iii. They are necessary and reasonable for the proper and efficient accomplishment of Program objectives; and iv. They are allowable under applicable cost principles. d. Cost Share.As a general rule,the Corporation will treat cash or in-kind matching contribution that exceed the required minimum as cost-share. The Corporation encourages private sector support over-and-above the matching fund requirement. All match contributions, including cost-share, should be reflected in the budget. e. Exception for Volunteer Community Service. Because the purpose of this Grant is to enable and stimulate volunteer community service,the Grantee may not include the value of direct community service performed by volunteers. However,the Grantee may include the value of volunteer services contributed to the organization for organizational functions such as accounting, audit,training of staff and AmeriCorps Programs. f. Administrative Costs.Administrative costs cannot exceed 5%of total Corporation funds actually expended. Administrative costs which exceed the FINAL June 16,2000 27 Corporation's maximum administrative cost limit of 5%but which otherwise would have been allocable to the Grant, are allowable as the matching share under the Administrative costs budget line item. See General Provisions, Clause 22, Administrative Costs. g. valuation. The value of Grantee and third-party contributions of services and property will be determined in accordance with applicable cost principles set forth in OMB Circulars A-21,A-87 and A-122, and the approved budget. 14. MEMBER RECORDS AND CONFIDENTIALITY. a. Record-Keeping. The Grantee must maintain verifiable records which document each member's eligibility to serve based upon citizenship or lawful permanent residency,birth date, level of education attainment, date of high school diploma or equivalent certificate(if attained),participation start date and end date,hours of service per week, location of service activities and project assignment. The records must be sufficient to establish that the individual was eligible to participate in the Program and that the member successfully completed the Program requirements with a minimum of 1700 hours of participation as a full-time member, 900 hours of participation as a part-time member, or 300-900 hours of participation as a reduced part-time member. The signed member contract must also be maintained in Grantee files. b. No High School Diploma. If a member does not have a high school diploma or its equivalent at the time of enrollment,the Grantee must maintain a record of the member's elementary or high school drop-out date,the member's written agreement to obtain a high school diploma or its equivalent before using the education award, and, if applicable,verification of the member's enrollment at an institution of higher education on an ability to benefit basis and eligibility for funds under section 484 of the Higher Education Act. 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. c. 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. Parental or legal guardian consent must be obtained for members under 18 years of age. Grantees may include an informed consent form as part of the member contract materials that are signed at the time the member enrolls. Grantees may release aggregate and other non-identifying information, and are required to release member information to the Corporation and its FINAL June 16,2000 28 designated contractors. The Grantee must permit a member who submits a written request for access to review records that pertain to the member and were created pursuant to this Grant. FINAL June 16,2000 29 15.BUDGET AND PROGRAMMATIC CHANGES. a. Programmatic Changes. The State Commission or Parent Organization must obtain the prior written approval of the Corporation before making the following changes in the approved Program: i. Changes in the scope, objectives or goals of the Program,whether or not they involve budgetary changes (approval required from the AmeriCorps program office); ii. Substantial changes in the level of participant supervision (approval required from the AmeriCorps program office); iii. Entering into sub-Grants or contracting out any AmeriCorps Program activities funded by the Grant and not specifically identified in the approved application and grant(approval required from the Office of Grants Management). b. Changes in the Budget. The Grantee must obtain the prior written approval of the Corporation's Office of Grants Management before deviating from the approved budget in any of the following ways: i. Reallocation of Funds from the "Member Support Cost" category to other categories of the approved budget. However,the Grantee may reallocate funds within the line items in this category, except for increases in health care cost per member,which must be approved. The specific line items covered by this subclause are: (a)Living allowance, (b) FICA,worker's compensation, and unemployment insurance and (c)Health care (or alternative health care). ii. Specific Costs Requiring Prior Approval Before Incurrence under OMB Circulars A-21,A-87 or A-122. 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. iii. Purchases of Equipment over$5,000 using Grant funds,unless specified in the approved application and budget. c. Approvals of Programmatic and Budget Changes. The Corporation's Grants Officers are the only officials who have the authority to alter or change the provisions or requirements of the Grant. The Grants Officers will execute written amendments or changes to the Grant,and Grantees should not assume approvals have been granted unless documentation from the Grants Office has been received. 16.REPORTING REQUIREMENTS. a. Financial Status and Progress Reports. Progress and Financial Status reporting requirements in these Provisions apply only to the Grantee; a Sub- FINAL Jtme 16.2000 30 Grantee should not submit Progress or Financial Status Reports to the Corporation for National Service. Rather, each Grantees must set its own Sub-Grantee reporting requirements consistent with its need for timely and accurate reports. • Each Grantee must submit Progress and Financial Status Reports by the given dates and include 2 copies along with the original. Extensions of reporting deadlines will be granted only 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 deadline passes. Extensions of deadlines for FSRs(SF 269a)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. i. Financial Status Reports. Financial Status Reports will be due 5/1 for the period ending 3/31 and 10/31 for the period ending 9/30. A Grantee properly utilizing WBRS meets financial reporting requirements when the Grantee uses that system to submit reports within the approved time frames. A Grantee must set its own submission deadlines for its respective Sub-Grantees. ii. Progress Reports. • A Grantee that is re-competing will submit one progress report for the current budget period. This report will be due 10/31 for the period ending 9/30. • A Grantee that submits a continuation funding request(typically those that are currently in the first or second year of a three year project period)will submit two progress reports for the current budget period. The first progress report will be submitted as part of the continuation application. The second progress report will be due 10/31 for the period ending 9/30. • A Grantee properly utilizing WBRS meets Program reporting requirements when the Grantee uses that system to submit reports within the approved time frames. iii. Final Progress Reports. A Grantee completing the final year of its grant must submit,in addition to the Progress Report due 10/31, a final Progress Report that is cumulative over the entire project period. This progress report is due within 90 days after the close of the grant. iv. Final Financial Status Reports. A Grantee completing the final year of its grant must submit, in lieu of the last semi-annual FSR, a final FSR that is cumulative over the entire project period. This FSR is due within 90 days after the end of the project period. b. AmeriCorps Member-Related Forms. The following documents are required from the Grantee (Grantees or sub-grantees utilizing WBRS meet submission requirements when they use that system to submit reports within the approved time frames): i. Enrollment Forms. State Commissions and Parent Organizations must submit Member Enrollment Forms to the Corporation no later than 30 days after a member is enrolled. FINAL June 16.2100 31 ii Change of Status Forms. State Commissions and Parent Organizations must submit Member Change of Status Forms to the Corporation no later than 30 days after a member's status is changed. By forwarding Member Change of Status Forms to the Corporation, State Commissions and Parent Organizations signal their approval of the change. iii. Exit/End-of-Term-of-Service Forms. Programs must submit Member Exit/End-of-Term-of-Service Forms to the Corporation no later than 30 days after a member exits the program or finishes his/her term of service. c. Accomplishment Surveys. The Annual Accomplishments Report is a survey used to compile all AmeriCorps achievements during the program year and is being incorporated into WBRS for those grantees that use WBRS for providing Progress Reports. During the course of the year, a contractor will contact programs regarding details and the administration of the survey. For fall start-ups,these are due October 31 of the program year; for January start-ups,they are due January 31 of the program year. d. Benefit Provider Documentation. Programs are responsible for contacting applicable benefit providers immediately and when a change of status affects the eligibility of a member or when a member leaves the program early. 17. 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 makes an initial award for the first budget period. Additional funding is contingent upon satisfactory progress and the availability of funds. The project period and the budget period are noted on the award document. FINAL June 16,2000 32 C. GENERAL PROVISIONS 18.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 C.F.R.2510 et seq. 19. O11 ER 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: i. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments--45 C.F.R. 2541. ii. OMB Circular A-87,Cost Principles for State and Local Governments. iii. 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: i. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations —45 C.F.R. 2543. ii. OMB Circular A-122,Cost Principles for Nonprofit Organizations. iii. 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: i. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Nonprofit Organizations--45 C.F.R. 2543. ii. OMB Circular A-21,Cost Principles for Educational Institutions. iii. OMB Circular A-133, Audits of States,Local Governments and Non-Profit Organizations. FINAL hme 16,2000 33 d. Other Applicable Statutes and Regulations. The Grantee must comply with all other applicable statutes,executive orders,regulations and policies governing the Program,including but not limited to those cited in these Grant Provisions,the Grant Assurances and Certifications, and those cited in 45 C.F.R. Parts 2541 and 2543. FINAL June 16,2000 34 20.RESPONSIBIL11 L S UNDER GRANT ADMINISTRATION. a. Accountability of Grantee. The Grantee has full fiscal and programmatic responsibility for managing all aspects of 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. It must expend grant funds in a judicious and reasonable manner. 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. - b. Notice to Corporation. The Grantee will notify the appropriate Corporation's 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. c. Notice to the Corporation's Office of Inspector General. The Grantee must notify the Office of Inspector General immediately of losses of federal funds or goods/services supported with federal funds, or when information discovered by someone at a program indicates that there has been waste, fraud or abuse,or any violation of criminal law, at the program or at a sub-grantee. 21.FINANCIAL MANAGEMENT PROVISIONS. a. 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. This system 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 C.F.R.2543)or A-110 and its implementing regulations (45 C.F.R. 2541),as applicable. b. Source Documentation.The Grantee must maintain adequate supporting documents for its expenditures (federal and non-federal) and in-kind contributions made under this Grant. Costs must be shown in books or records [e.g., a disbursement ledger or journal],and must be supported by a FINAL June 16,2000 35 source document, such as a receipt,travel voucher,invoice, bill,in-kind voucher, or similar document. c. Time and Attendance Records. i. Staff. (a) Except as provided in(b) and(c)below, salaries and wages charged directly to this Grant or charged to matching finds must be supported by signed time and attendance records for each individual employee regardless of position, and by documented payrolls approved by a responsible official of the Grantee. Except as provided in(b)and(c)below, salaries and wages chargeable .. : between this Grant and other programs or functions of the Grantee organization must be supported by signed time and attendance records for each individual regardless of position appropriately distributing the individual's time to the different programs or functions. (b) Educational institutions are not required to support charges for salaries and wages with signed time and attendance records for professorial and professional staff if they are in compliance with the criteria in Section 8.b of OMB Circular A-21 for acceptable methods of documenting the distribution of charges for personal services. (c) State,Local and Indian Tribal governmental units are not required to support charges for salaries and wages with signed time and attendance records if they are in compliance with the standards of Section 11.h of OMB Circular A-87 for the support and documentation of salaries and wages. ii. AmeriCorps Members. The Grantee must keep time and attendance records on all AmeriCorps members in order to document their eligibility for in-service and post-service benefits. Time and attendance records must be signed both by the member and by an individual with oversight responsibilities for the member. d. Audits.A grantee organization that expends $300,000 or more of total federal awards in a fiscal year is required to obtain a single audit for that year conducted by an independent auditor in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and OMB Circular A-133. (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$300,000 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 programs,and records must be available for review and audit. 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 FINAL rune 16,2000 36 regard to its subrecipients: (1)identify the Federal award and funding source; (2)advise subrecipients of all requirements imposed on them; (3)monitor subrecipient activities and compliance; (4) ensure subrecipients have A-133 audits when required; (5)issue decisions and ensure follow-up on audit findings in a timely way; (6)where necessary,adjust its own records and financial statements based on audits; and(7)require subrecipients 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. e. Consultant Services. Payments to individuals for consultant services under this Grant will not exceed$443.00 per day(exclusive of any indirect expenses,travel, supplies and so on). • FINAL June 16.2000 37 22.ADMINISTRATIVE COSTS. a. Definitions. "Administrative costs"means general or centralized expenses of overall administration of an organization that receives Corporation fluids and does not include particular Program or project costs. For organizations that have an established indirect cost rate for federal awards, administrative costs mean those costs that are included in the organization's indirect cost rate. Such costs are generally identified with the organization's overall operation and are further described in OMB Circulars A-21,A-87 and A-122. For organizations that do not have an established indirect cost rate for federal awards,administrative costs include: i. Costs for•financial, accounting,auditing, contracting or general . __ legal services except in unusual cases where they are specifically approved in writing by the Corporation as program costs; ii Costs for internal evaluation,including overall organizational management improvement costs(except for independent and internal evaluations of the Program or project evaluations that are specifically related to creative methods of quality improvement); and iii. Costs for general liability insurance that protects the organization(s)responsible for operating a Program or project,other than insurance costs solely attributable to the Program or project. Administrative costs may also include that portion of salaries and benefits of the Program's director and other administrative staff not attributable to the time spent in support of a specific Program or project. The principles that pertain to the allocation and documentation of personnel costs are stated in the OMB circulars that are incorporated in Corporation regulations [45 CFR 2541.220(b)]. Administrative costs generally do not include the following allowable expenses directly related to a Program or project(including their operations and objectives), such as: L Allowable direct charges for members,including living allowances, insurance payments made on behalf of members,training and travel; ii. Costs for staff(including salary,benefits,training and travel)who recruit,train,place or supervise members or who develop materials used in such activities,if the purpose is for a specific Program or project objective; iii. Costs for independent evaluations and any internal evaluations of the Program or project that are related specifically to creative methods of quality improvement; iv. Costs,excluding those already covered in an organization's indirect cost rate, attributable to staff that work in a direct Program or project support, operational, or oversight capacity, including,but not limited to: support staff whose functions directly support Program or FINAL Jtme 16,2000 38 project activities; staff who coordinate and facilitate single or multi-site Program and project activities; and staff who review, disseminate and implement Corporation guidance and policies directly relating to a Program or project; v. Space, facility and communication costs that primarily support Program or project operations, excluding those costs that are already covered by an organization's indirect cost rate; and vi. Other allowable costs,excluding those costs that are already covered by an organization's indirect cost rate, specifically approved by the Corporation as directly attributable to a Program or project. b. Limitation by Statute.Administrative costs cannot exceed PS of total Corporation funds actually expended under this award. c. Fixed 5%. If approved on a case-by-case basis by the Corporation,the grantee may charge, for administrative costs, a fixed 5%of the total of the Corporation funds expended. In order to charge this fixed 5%,the grantee match for administrative costs may not exceed 10% of all direct cost expenditures. These rates may be used without supporting documentation and are in lieu of an indirect cost rate. d. Indirect Cost Rates. 1. If grantees have an approved indirect cost rate,such rate will constitute documentation of the grantee's administrative costs including the 5%maximum payable by the Corporation and the grantee match of administrative costs. ii. If a grantee wants to claim more than 10%match in administrative costs it must have or obtain an approved indirect cost rate. Where appropriate,the Corporation will establish an indirect cost rate that may be used for this and other federal awards. e. 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. 23.EQUIPMENT AND SUPPLIES COSTS. Equipment and supplies will be handled in accordance with 45 C.F.R.2541 —Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government or with 45 C.F.R. 2543 —Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations. 24.PROJECT INCOME. FINAL June 16,2000 39 a. General. Income earned as a direct result of the Program's activities during the award period will be retained by the Grantee and used to finance the non- Corporation share of the Program. b. 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: i. The service benefits a for-profit entity; H. The service falls within the other prohibited Program activities set forth in Clause 4 of these Grant Provisions;or iii. The service violates the non-displacement Provisions of the Act set forth in Clause 31 of these Grant Provisions. FINAL June 16.2000 .40 25.PAYMENTS UNDER THE GRANT. a. Advance Payments. The Grantee may receive advance payments of Grant funds,provided the Grantee meets the financial management standards specified in OMB Circular A-102 and its implementing regulations (45 C.F.R. 2541) or A-110 and its implementing regulations (45 C.F.R. 2543), as applicable. b. Immediate Cash Flow Needs. The amount of advance payments requested by the Grantee must be based on actual and immediate cash needs in order to minimise federal cash on hand in accordance with policies established by the U.S. Departmentof the Treasury in 31 C.F.R. 205. c. Discontinuing Advance Payments. If a Grantee does not establish procedures to minimise the time elapsing between the receipt of the cash advance and its disbursement,the Corporation may,after providing due notice to the Grantee, discontinue the advance payment method and allow payments in advance only by individual request and approval or by reimbursement. d. Interest-Bearing Accounts. The Grantee must deposit advance finds received from the Corporation in federally-insured, interest-bearing accounts. The exceptions to this requirement follow: i. Institutions of Higher Education and Other Non-Profit Organizations. If a Grantee is covered by 45 C.F.R. 2543 it must maintain advance funds in interest-bearing accounts unless: (a)It receives less than$120,000 in federal funds per year; (b) The best reasonably available account would not be expected to earn interest in excess of$250 per year on federal cash balances;or (c)The required minimum balance is so high that it would not be feasible within expected federal and non-federal cash resources. Earned interest must be remitted annually to HHS-PMS , Rockville,MD 20852. Grantees may keep up to $250 of interest per year to offset administrative expenses. ii State and Local Governments. All Grantees and sub-Grantees covered by 45 C.F.R. 2541,with the exception of State Governments and Indian Tribes,must remit earned interest quarterly to the Corporation. Grantees may keep up to $100 of the earned interest per year to offset administrative expenses. 26.RETENTION OF RECORDS. The Grantee must retain and make available all financial records, supporting documentation, statistical records,evaluation data, member information and personnel records for 3 years from the date of the submission of the final Financial Status Report (SF 269A). If an audit is started prior to the expiration of the 3-year period, the records FINAL June 16,2000 41 must be retained until the audit findings involving the records have been resolved and final action taken. 27. SITE VISITS. The Corporation reserves the right to make site visits to review and evaluate Grantee records, accomplishments,organizational procedures and financial control systems;to conduct interviews; and to provide technical assistance as necessary. To the extent feasible,these will be coordinated with,and in most cases organized by, State Commissions for AmeriCorps*State programs,parent organizations for AmeriCorps*National project sites, and Program Officers for AmeriCorps*Tribes and -•?Territories Programs. Site visits will be made in the least disruptive manner possible. 28.LIABILITY AND SAFETY ISSUES. a. Liability Insurance Coverage. The Grantee must have adequate liability insurance coverage for the organization,employees and members, including coverage of members engaged in on- and off-site project activities. b. Member 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. Public safety Programs and other Programs posing a significant risk to members must adhere to applicable provisions of the safety protocol issued by the Corporation and found in the Program Directors' Manual. 29.DRUG-FREE WORKPLACE. a. Notice to Employees and Members. In accordance with the Drug-Free Workplace Act,41 U.S.C. 701 et seq.,implementing regulations,45 C.F.R. 2542, and the Grantee's certification,the Grantee must publish a statement notifying employees and members that: 1. The unlawful manufacture, distribution,dispensation,possession or use of a controlled substance is prohibited in the Grantee's workplace and Program; ii. Conviction of any criminal drug statute must be reported immediately to the Grantee; iii. The employee's employment or member's participation is conditioned upon compliance with the notice requirements; and iv. Certain actions will be taken against employees and members for violations of such prohibitions. b. Criminal Drug Convictions. The Grantee's employees and members must notify the Grantee in writing of any criminal drug convictions for a violation occurring in the workplace or during the performance of project activities no later than 5 days after such conviction. The Grantee must notify the FINAL June 16.2000 42 Corporation within 10 days of receiving notice of such conviction. The Grantee must take appropriate action against such employee or member,up to and including termination or member release for cause consistent with the Corporation's rules on termination and suspension of service,or require the • employee or member to satisfactorily participate in an approved drug abuse assistance or rehabilitation Program. c. Drug-Free Awareness Program. The Grantee must establish a drug-free awareness Program to inform employees and members about the dangers of drug abuse in the workplace,the Grantee's policy of maintaining a Drug-Free workplace,any available drug counseling, rehabilitation, and employee assistance and member support services, and the penalties that may be imposed for drug abuse violations. d. Grantee Non-Compliance. The Grantee is subject to suspension,termination or debarment proceedings for failure to comply with the Drug-Free Workplace Act. e. Non-Discrimination and Confidentiality Laws. In implementing the Drug- Free Workplace Act,the Grantee must adhere to federal laws and its Grant assurances related to alcohol and substance abuse non-discrimination and confidentiality. 30.NON-DISCRIMINATION. a. Assurances. The Grantee must assure that its program or activity, including those of its subgrantees,will be conducted, and facilities operated,in compliance with the applicable statutes set forth below, as well as with their implementing regulations. The Grantee must obtain an assurance of such compliance prior to extending Federal financial assistance to subgrantees. The U.S. Government shall have the right to seek judicial enforcement of these assurances. b. Discrimination Prohibited. A person, including a member, a service recipient, or Program staff,may not,on the grounds of race, color,national origin,sex,age,political affiliation, disability, or religion be excluded from participation in,denied the benefits of,or be otherwise subjected to discrimination, directly or through contractual or other arrangements,under any program or activity receiving federal financial assistance. The prohibition on discrimination on the basis of disability protects otherwise qualified individuals with disabilities. The prohibition against discrimination on the basis of religion with respect to Program staff applies only to Program staff paid with Corporation funds but excludes staff paid with Corporation funds who were employed by the Grantee on the date the Corporation grant was awarded FINAL June 16,2000 43 This prohibition against discrimination includes but is not limited to: i. Denying an opportunity to participate in,benefit from,or provide a service, financial aid, or other benefit; ii. Providing an opportunity which is different or provided differently; iii. Denying an opportunity to participate as a member of a planning or advisory body integral to the program; iv. Segregating or subjecting a person to separate treatment; v. Providing an aid,benefit,or service to a qualified disabled person that is less effective in affording opportunity to obtain the same result, gain the same benefit,or reach the same level of achievement; vi. Denying a qualified disabled person the opportunity to participate in integrated programs or activities,even though permissibly separate or different programs or activities exist; vii. Restricting a person's enjoyment of an advantage or privilege enjoyed by others; viii. Providing different or separate aid,benefits,or services to disabled persons unless necessary in order to provide them as effectively as provided to others; ix. Treating a person differently in determining admission, enrollment, quota, eligibility,membership or other requirements; x. Using criteria or administrative methods, including failing to provide needed auxiliary aids for disabled persons,which have the effect of subjecting persons to discrimination,or defeating or substantially impairing achievement of the objectives of the program for a person; xi. Selecting a site or location of facilities with the purpose or effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under the program; xii. Denying a qualified disabled person a benefit, aid, or participation because facilities whose groundbreaking occurred after May 30, 1979 are inaccessible to or unusable by disabled persons or because programs or activities in facilities predating May 30, 1979,when viewed in their entirety, are inaccessible to or unusable by disabled persons;and xiii. Failing to provide reasonable accommodation to otherwise qualified individuals with disabilities- The Corporation's "Civil Rights Statement Regarding Volunteers, Service Participants and Other Beneficiaries,"and its "Policy Against Sexual,Racial, National Origin, or Religious Harassment"which include additional discrimination prohibitions are attached and incorporated herein. c. Public Notice of Nondiscrimination. The Grantee must notify members, service recipients, applicants, Program staff,and the public, including those with impaired vision or hearing,that it operates its program or its activity subject to the nondiscrimination requirements of the applicable statutes. The notice must summarize the requirements,note the availability of compliance FINAL rune 16,2000 44 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 Service to discriminate on the basis of race,color,national origin,disability, sex, age,political affiliation, or,in most programs,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 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 TDD,and preferably toll free—FAX number and e-mail address of the Grantee)or Equal Opportunity Office Corporation for National Service 1201 New York Avenue,NW Washington,D.C. 20525 (202) 606-5000, ext. 312 (voice); (202) 565-2799 (TDD) (202) 565-2816 (FAX);eona,cns.Rov(e-mail) 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. d. 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 subgrantees,the subgrantees must make FINAL tune 16.2000 45 available compliance information to the Grantee so it can carry out its civil rights obligations. The Corporation will provide specific guidance regarding records and compliance information. At a minimum,the Grantee should have available racial, ethnic, sex, and disability data regarding members/applicants, service recipients/applicants and Program staff/applicants. This data should be sufficient to measure the distribution of benefits to the eligible population and evaluate the services provided to the different segments of the population being served. Data on members and Program staff should be gathered,on a voluntary basis, directly from the individuals. Data on service recipients may be gathered, estimated,or based-on census or other statistics. Racial and ethnic data should be gathered for the following categories: Hispanic/Latino/Spanish culture or origin or non-Hispanic/Latino/Spanish culture or origin(one or the other)and one or more of the following: • American Indian or Alaska Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White e. 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. f. Discrimination Complaints,Investigations and Compliance Reviews. The Corporation may review the practices of the Grantee to determine civil rights compliance. Any person who believes discrimination has occurred may file a discrimination complaint with the Corporation's Equal Opportunity Office. The Grantee may not intimidate,threaten,coerce, or discriminate against an individual to interfere with a right or privilege secured by the civil rights acts or because the person made a complaint,testified, assisted or participated in any manner in an investigation,proceeding,or hearing. The Corporation will keep the identity of complainants and witnesses confidential except as • necessary to conduct an investigation,hearing, or judicial proceeding. The Corporation will investigate whenever a compliance review,report, complaint, or other information indicates a possible failure to comply with the statutes and their implementing regulations. If an investigation indicates a failure to comply,the Corporation will so inform the Grantee and any applicable subgrantees and will attempt to resolve the matter by voluntary FINAL June 16,2030 46 means. If the matter cannot be resolved by voluntary means,the Corporation will initiate formal enforcement action. Discrimination complaints may be raised through the Grantee's grievance procedure. Use of the Grantee's grievance procedure may not be a required precursor to filing a federal discrimination complaint with the Corporation. Use of the Grantee's grievance procedure does not preclude filing a federal discrimination complaint. The Grantee's grievance procedure should advise members that use of the grievance procedure does not stop the running of Corporation time frames for filing a discrimination complaint with the Corporation. In all cases where discrimination allegations have been raised with the Grantee,the Grantee must submit a written report to the - Corporation's Equal Opportunity Office, which has a review authority over the investigation and disposition of all discrimination complaints. g. Self-Evaluation Requirements. The Grantee must comply with(1)the self- evaluation requirements under section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities; (2) the self-evaluation requirements of the Age Discrimination Act of 1975; and(3)the self- evaluation requirements under title IX of the Education Amendments of 1972 regarding discrimination based on sex. Guidance regarding the self- evaluation requirements may be obtained from the Corporation's Equal Opportunity Office, 1201 New York Avenue,NW,Washington,D.C. 20525, (202) 606-5000,ext.312 (voice); (202)4565-2799 (TDD); (202) 565-2816 (FAX); oreo@cns.gov(e-mail). h. Applicable Statutes. In accordance with its assurances, the Grantee must comply with all federal statutes relating to non-discrimination to the extent applicable,including,but not limited to titles VI and VIII of the Civil Rights Act of 1964(42 U.S.C.2000d and 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.),the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P.L. 91-616),the Public Health Service Act of 1912 (42 U.S.C. 290dd-3 and 290ee-3),and the requirements of any other non-discrimination provision in the National and Community Service Act of1990, (42 U.S.C. 12635) or any other applicable non-discrimination provision. 31. SUPPLEMENTATION,NON-DUPLICATION AND NON-DISPLACEMENT. a. Supplementation. Grant funds may not be used to replace state or local public funds that had been used to support Programs or projects of the type eligible to receive Corporation Grant funds. For any given Program,this condition will be satisfied if the aggregate non-federal public expenditure for FINAL June 16,2000 47 that Program or project in the fiscal year that support is to be provided is not less than the previous fiscal year. b. Non-Duplication. Grant funds may not be used to duplicate services that are available in the locality of a Program or project. The Grantee may not conduct activities that are the same or substantially equivalent to activities provided by a state or local government agency in which the Grantee entity resides. c. Non-Displacement. i. Prohibition on Displacing an Employee or a Position. The Grantee may not displace an employee or position -including partial displacement such as reduction in hours,wages or employment benefits, as a result of the use by such employer of a member in a Program or project. ii Prohibition on Selecting an Employee for Participation. The Grantee may not select a member who is employed by the Grantee or who was employed by the Grantee in the previous six months, unless the Corporation's AmeriCorps Program Office waives this requirement upon a sufficient demonstration of non-displacement. iii. Prohibition on Promotional Infringement. The Grantee may not create a community service opportunity that will infringe in any manner on the promotional opportunity of an employed individual. iv. Prohibition on Displacing Employee Services,Duties or Activities. A member in a Program or project may not perform any services or duties, or engage in activities that would otherwise be performed by an employee, as part of the assigned duties of such employee. v. Prohibition on Supplanting,Hiring or Infringing on Recall Rights. A member in a Program or project may not perform any services or duties, or engage in activities,that: (a)Will supplant the hiring of employed workers; or (b)Are services,duties or activities with respect to which an individual has recall rightspursuant to a collective bargaining agreement or applicable personnel procedures. vi. Other Prohibitions. A member in a Program or project may not perform services or duties that have been performed by or were assigned to any: (a) Currently employed worker; (b)Employee who recently resigned or was discharged; (c) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (d)Employee who is on leave(terminal, temporary, vacation, emergency or sick); or (e)Employee who is on strike or is being locked out. FINAL rune 16.2000 48 32. GRIEVANCE PROCEDURE. a. Setting Up a Grievance Procedure. In accordance with 42 U.S.C. 12636 and implementing regulations at 45 C.F.R. 2540.230,the Grantee must establish and implement a process for filing and adjudicating grievances from members, labor organizations and other interested parties. A grievance process may include dispute resolution programs such as mediation, facilitation, assisted negotiation and neutral evaluation. A grievance process must provide an opportunity for a grievance hearing and binding arbitration. If the grievance alleges fraud or criminal activity, it must be brought to the attention of the Inspector General of the Corporation immediately. Discrimination complaints may also be raised through the grievance procedure. b. In the event that a Sub-Grantee of a direct Grantee of the Corporation is no longer in existence or otherwise does not provide a grievance procedure that complies with this Provision,the direct Grantee is responsible for handling any grievance in accordance with 45 C.F.R.2540.230. c. Alternative Dispute Resolution. i. Informal Resolution. The aggrieved party may seek resolution of a grievance through alternative means of dispute resolution(ADR)such as mediation or facilitation. ADR proceedings must be initiated within 45 calendar days of the date of the alleged occurrence. At the initial session of the ADR proceedings,the party must be advised in writing of the right to file a grievance and right to arbitration. If the matter is resolved, and a written agreement is reached,the party will agree to forego filing a grievance in the matter under consideration. ii. Neutral Facilitation. If ADR is instituted,the process must be aided by a neutral party who,with respect to an issue in controversy, functions specifically to aid the parties in resolving the matter through a mutually achieved and acceptable'written agreement. The neutral party may not compel a resolution. Proceedings before the neutral party must be informal, and the rules of evidence will not apply. With the exception of a written and agreed-upon ADR,the proceeding must be confidential. Any decision by the neutral party is advisory and is not binding unless both parties agree. If the grievance is not resolved within 30 calendar days of initiation,the neutral party again must inform the aggrieved party of his or her right to file a formal grievance. d. Formal grievance proceeding. i. Time Limits. Except for a grievance that alleges fraud or criminal activity, a grievance must be made no later than one year after the date of the alleged occurrence. If a hearing is held on a grievance, it must be FINAL June 16,2000 49 conducted no later than 30 calendar days after the filing of such grievance. A decision on any such filed grievance must be made no later than 60 days after filing. ii. Effect of Informal Process. In the event an aggrieved party files a grievance after participating in an informal dispute resolution process,the neutral party may not participate in the formal grievance proceeding. In addition,no communication or proceeding of the informal dispute resolution process may be referred to or introduced into evidence at a grievance or arbitration proceeding. e. Arbitration. i. Selection of Arbitrator. If there is an adverse decisionagainst the party who filed the grievance, or no decision has been reached after 60 calendar days after the filing of a grievance,the aggrieved party may submit the grievance to binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. If the parties cannot agree on an arbitrator, within 15 calendar days after receiving a request from one of the parties,the Corporation will appoint an arbitrator from a list of qualified arbitrators. d. Time Limits. An arbitration proceeding must be held no later than 45 days after the request for arbitration, or if the arbitrator is appointed by the Corporation,the proceeding must occur no later than 30 calendar days after the arbitrator's appointment. A decision must be made by the arbitrator no later than 30 calendar days after the date the arbitration proceeding begins. iii. Cost. In accordance with 42 U.S.C. 12636(f)(4)(D),the cost of the arbitration proceeding must be divided evenly between the parties to the arbitration unless the party requesting a grievance proceeding prevails. If the grievant prevails,the Grantee must pay the total cost of the proceeding and reasonable attorney's fees of the prevailing party incurred in connection with the ADR proceeding. iv. Effect of Noncompliance with Arbitration. Pursuant to 42 U.S.C. 12636(f)(7), a suit to enforce an arbitration award may be brought in any federal district court having jurisdiction over the parties without regard to the amount in controversy or citizenship. f. Suspension of Placement. If a grievance is filed regarding a proposed placement of a member in a Program or project,such a placement must not be made unless the placement is consistent with the resolution of the grievance. g. Remedies. Remedies for a grievance filed under a procedure established by the Grantee may include: i. Prohibition of a placement of a member; and ii. In grievance cases where there is a violation of non-duplication or non-displacement requirements and the employer of the displaced employee is the Grantee: FINAL June 16,2000 50 (a)Reinstatement of the employee to the position he or she held prior to the displacement; (b)Payment of lost wages and benefits; (c)Re-establishment of other relevant terms,conditions and privileges of employment; and (d)Any other equitable relief that is necessary to correct any violation of the non-duplication or non-displacement requirements or to make the displaced employee whole. 33.OWNERSHIP AND SHARING OF GRANT PRODUCTS. a. Ownership. Unless otherwise specified,the Grantee owns and may copyright any work that is subject to copyright, including software designs,training manuals, curricula,videotapes and other products produced under the Grant. However,the Grantee may not sell any work that includes an AmeriCorps logo without prior Corporation written approval. b. Corporation Use. The Corporation retains royalty-free, non-exclusive, and irrevocable licenses to obtain,use,reproduce,publish or disseminate products, including data,produced under the Grant and to authorize others to do so. The Corporation may distribute such products through a designated clearinghouse. c. 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 34.PUBLICATIONS. a. Acknowledgment of Support. Publications created by members may include an AmeriCorps logo if they are consistent with the purposes of the Grant. 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 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." b. Materials Provided to Corporation. The Grantee is responsible for assuring that two copies of any such material are sent to the Corporation's Office of Public Affairs and Program Office. 35.EVALUATION. FINAL June 16,2000 51 a. Internal Evaluations. The Grantee must track progress toward achievement of their Program objectives. The Grantee also must monitor the quality of service activities,the satisfaction of both service recipients and members,and management effectiveness. Internal evaluation and monitoring should be a continuous process, allowing for frequent feedback and the quick correction of weaknesses. b. Independent Evaluations. The Grantee may obtain an independent evaluation if provided for in the approved budget. c. External Evaluation and Data Collection. The Grantee must cooperate with the Corporation and its evaluators in all monitoring and evaluation efforts. As part of this effort,the Grantee must collect and submit certain member data, including the total number of members in the Program,and the number of members by race,ethnicity,gender, age,economic background,education level,disability classification and geographic region. The Corporation will provide forms for collecting member data. 36. SUSPENSION OR TERMINATION OF GRANT. a. Suspension of the Grant. In an emergency situation the Corporation may suspend a Grant for not more than 30 calendar days. Examples of such situations may include,but are not limited to: i. Serious risk to persons or property; ii Violations of federal, state or local criminal statutes; and iii. Material violation(s)of the Grant or contract that are sufficiently serious that they outweigh the general policy in favor of advance notice and opportunity to show cause. b. Termination of the Grant. Pursuant to 45 C.F.R. 2540.400,the Corporation may terminate payments under the grant,revoke the designated member positions, or recover Grant fluids for failure to comply with applicable provisions of this Grant. However,the Corporation will provide the Grantee reasonable notice and opportunity for a full and fair hearing, subject to the following conditions: i. Notice. The Corporation will notify the Grantee by letter or telegram that it intends to terminate payments,revoke positions or recover Grant funds, either in whole or in part,unless the Grantee shows good cause why such assistance should not be terminated,revoked or recovered. In this notice,the grounds and the effective date for the proposed termination or revocation will be described. The Grantee will be given at least 7 calendar days to submit written material in opposition to the proposed action. ii. Right to a hearing. The Grantee may request a hearing on a proposed termination,revocation or recovery. Upon 5 days notice to the FINAL June 16,2000 52 Grantee,the Corporation may authorize the conduct of a hearing or other meetings at a location convenient to the Grantee to consider the proposed action. A transcript or recording must be made of a hearing. c. The Grantee may suspend or terminate assistance to a Sub-Grantee,provided that such action affords the Sub-Grantee,at a minimum,the notice and hearing rights set forth in the Provisions applicable to the Corporation in this section(36). 37. ORDER OF PRECEDENCE. Should there be any inconsistency among the Grant Award,the AmeriCorps Special Provisions,the General Provisions, and the approved Grant Application,the order of precedence that will prevail is(1)Grant Award, (2)the AmeriCorps Special Provisions, (3)the General Provisions, and(4)the approved Grant Application. • FINAL rune 16,2000 53 CORPORATION FOR NATIONAL SERVICE CIVIL RIGHTS STATEMENT REGARDING VOLUNTEERS,SERVICE PARTICIPANTS AND OTHER BENEFICIARIES We continue to maintain the policy stated in our June 6, 1994 Civil Rights Statement: Recognizing that the fabric of our society is strengthened by the diversity of its citizens, the policy of the Corporation for National and Community Service is to ensure a mutual respect for all differences among us. Participation in the Corporation and its programs and projects will be based on merit and equal opportunity for all,without regard to factors such as race,color,national origin,sex,sexual orientation,religion,age, disability,political affiliation,marital or parental status,military service,or religious, community,or social affiliations. By adhering to this policy,the Corporation will be able to foster civic responsibility, strengthen the ties that bind us together as a people,and provide educational opportunity for those who make a substantial commitment to service. This policy applies to programs and projects we conduct,as well as those receiving federal financial assistance from us. For civil rights purposes,all programs and projects funded or receiving volunteers or service participants under the National and Community Service Act,as amended,or the Domestic Volunteer Service Act,as amended,are programs or activities receiving federal financial assistance. Any grantee found to have unlawfully discriminated against a volunteer, service participant,client,employee or beneficiary of such a program or project will be subject to a finding of noncompliance and administrative procedures which may result in termination of federal financial assistance from the Corporation and all other federal agencies. Any volunteer,service participant,client,employee or beneficiary of a program or project who believes he or she has been subjected to discrimination in violation of nondiscrimination provisions of applicable laws,regulations or this policy may raise his or her concerns with the Corporation's Equal Opportunity Office. However,discrimination claims not brought to the attention of our Equal Opportunity Office within 45 days of their occurrence may not be accepted in a formal complaint of discrimination. Our Equal Opportunity Office may be reached at(202)606-5000,extension 312(voice), (202)565-2799 (TDD),eo( cns.gov,or through www.nationalservice.org. The Corporation's Equal Opportunity Office attempts to resolve concerns about discrimination promptly and when possible uses an informal conciliation process to do so. We encourage,but do not require, volunteers, service participants,and other beneficiaries to first bring concerns about discrimination to the director or appropriate personnel of the program or project. We likewise encourage directors of programs and projects to facilitate prompt resolution of these concerns. Directors of all programs and projects are requested to provide a copy of this policy to all volunteers or service participants. • [signed December 6, 1999] Harris Wofford Chief Executive Officer CORPORATION FOR NATIONAL SERVICE POLICY AGAINST SEXUAL,RACIAL,NATIONAL ORIGIN,OR RELIGIOUS HARASSMENT Our policy is to provide work and service environments free from sexual,racial,national origin,or religious harassment Whether in Corporation or grantee offices,in other work-or service-related settings such as service sites,training sessions,or site visits,or at work-or service-related social events,such harassment is unacceptable. Sexual harassment involves unwelcome sexual advances,requests for sexual favors,or any verbal, physical or graphic conduct of a sexual nature when: (1)submission is explicitly or implicitly a term or condition of employment or service; (2)submission or rejection is a basis for work or service decisions; or (3)such conduct has the purpose or the effect of interfering with work or service performance or creating an intimidating,hostile,or offensive work or service environment. Slurs and other verbal or physical conduct relating to an individual's race,national origin or religion also constitute harassment when that conduct's purpose or effect is to interfere with work or service performance or create an intimidating,hostile,or offensive work or service environment. We expect Corporation and grantee supervisory and management personnel to immediately take appropriate action to prevent or stop any harassment of employees,service participants,or clients of which they become aware,whether the harassing conduct is by employees,service participants,or outside individuals such as service site or contractor personnel. Also,we will not retaliate or tolerate any attempt at retaliation against a person who raises harassment concerns in good faith. Any Corporation employee who violates our policy against harassment,or asserts a false claim of harassment with a malicious intent, will be subject to appropriate disciplinary action,up to and including termination. Any grantee that permits harassment in violation of this policy will be subject to a finding of noncompliance and dministrative procedures that may result in termination of federal financial assistance from the Corporation and all other federal agencies. Persons who believe they have been subjected to harassment in violation of non-harassment provisions of applicable laws,regulations or this policy may raise their concerns with our Equal Opportunity Office. However,claims of unlawful harassment not brought to the attention of our Equal Opportunity Office within 45 days of their occurrence may not be accepted in a formal complaint of discrimination. Our Equal Opportunity Office may be reached at(202)606-5000,extension 312 (voice), (202)565-2799 ('TDD),eo( cns.Qov or through www.nationalservice.org. We encourage,but do not require,volunteers,service participants,and other beneficiaries to first bring concerns about harassment to the director or appropriate supervisory personnel of the program or project. We likewise encourage programs and projects to facilitate prompt resolution of these concerns. Directors of all programs and projects are requested to provide a copy of this policy to all volunteers or service participants. [signed December 6, 1999] Harris Wofford Chief Executive Officer EXHIBIT C WELD COUNTY AMERICORPS REQUEST FOR PAYMENT Date: Payment Period: Name of Agency or Organization: Mailing Address: TOTAL AMOUNT OF REIMBURSEMENT REQUESTED: $ REPORT *CURRENT REPORTED REMAINING PERIOD TO DATE BALANCE REPORTED A. MEMBER SUPPORT $63,700.00 B. OTHER MEMBER COSTS $500.00 C. STAFF $23,000.00 D. OPERATIONAL $1,600.00 E. INTERNAL EVALUATION $0.00 F. ADMINISTRATION $4,800.00 TOTAL $93,600.00 *All costs must be supported by source documents maintained by the subgrantee. Name of Person Preparing Report Authorized Signature EXHIBIT C WELD COUNTY AMERICORPS MATCH REPORT Date: Match Period: Name of Agency or Organization: Mailing Address: • MATCH *CURRENT REPORTED REMAINING AMOUNT PERIOD TO DATE BALANCE REPORTED A. MEMBER SUPPORT $27,392.00 B. OTHER MEMBER COSTS 187.00 C. STAFF 12,070.00 D. OPERATIONAL 4,658.00 E. INTERNAL EVALUATION 0.00 F. ADMINISTRATION 2,880.00 TOTAL $47,187.00 *All contributions, both cash and inkind, must be properly valued and have adequate supporting documentation maintained by the subgrantee. Name of Person Preparing Report Authorized Signature Hello