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Home My WebLink About971093.tiffTrsI2,a oner 4 RESOLUTION RE: APPROVE AGREEMENT FOR YOUTH CONSERVATION CORPS, AMERICORPS PROGRAM, AND AUTHORIZE CHAIR TO SIGN 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 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 Division, and Larimer County Employment and Training Services, commencing February 1, 1997, and ending January 28, 1998, 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 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 Division, and Larimer County Employment and Training Services 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 9th day of June, A.D., 1997, nunc pro tunc February 1, 1997. BOARD OF COUNTY COMMISSIONERS WELD19OUNTY, COLORADO ..e..2.2.s.7............, nnce L. Harbert, i eorge E . Baxter, Chair Dale K. Hall arbara• 'A L J. Kirkmeyer R 1 W. H. Webster 971093 HR0068 PROGRAM YEAR: 1996 AGREEMENT THIS AGREEMENT, made this lth day of April, 1927, retroactive to February 1, 1997 by and between the Board of Commissioners of Larimer County, Colorado, through Larimer County Employment and Training Services, 3842 South Mason, Fort Collins, Colorado 80525 hereinafter called "L.C.E.T.S." and "Weld County Department of Human Services" hereinafter called "Provider." WHEREAS, pursuant to National and Community Service Act of 1990, as amended, (42 USC - 1250), as amended, monies are to be distributed through the AmeriCorps Program, with the Department of Local Affairs, Governor's Community Partnership Office administering the funds; and WHEREAS, the Governor's Commission on National and Community Service desires to distribute said funds to L.C.E.T.S. 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.E.T.S.' 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. Ptf Servi PC In consideration for the monies to be received from L.C.E.T.S., the Provider shall do, perform, and carryout, in a satisfactory and proper manner, as determined by L.C.E.T.S. 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 Contractor 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 February, 1997, through the end of this contract, using "Corporation Share" funding specified in the Budget incorporated in Exhibit A. 2. $tartino De Fo_atr� The earliest starting date for L.C.E.T.S.'s use of said services shall be fear_uaa119$7 3. Obliaationc of L T Based upon the availability of funds L.C.E.T.S. agrees: 3.01 To pay all amounts included in the invoices or statements rendered by the Provider to L.C.E.T.S. , 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.E.T.S. be required to pay the Provider more than $_ 103 878 Op for the contract period, which shall be from and including January 28 Febma v 1 197 through ---_—, 19,2@. 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. 9blioations 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. 1 971093 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.E.T.S., upon request. Such individual information shall be maintained as confidential. Provider agrees that such information may be used by L.C.E.T.S. for the preparation of necessary or required reports, summaries and analysis. Provider further agrees to assist L.C.E.T.S. as reasonable and necessary to enable L.C.E.T.S. 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. 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.E.T.S.'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 and attachments hereto as are agreed upon by both the Provider and L.C.E.T.S. L.C.E.T.S. 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.E.T.S. 4.07 The Provider shall submit to L.C.E.T.S., 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.E.T.S., payment shall be made by L.C.E.T.S. as herein above provided. L.C.E.T.S. 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 participant 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.E.T.S.'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 a period of three (3) years from the time when the audit findings 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.E.T.S., Department of Local Affairs or any of their duly authorized agents or representatives. 4.11 The Provider shall submit to L.C.E.T.S. 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 from participation in this transaction by any Federal department or agency. 2 971093 4.13 if hors that thaw fu n 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 must have a compliance audit; $50,000- $100,000, a program audit; $25,000-$50,000 an audit. 5. Mut al Oblioation . Both parties agree: 5.01 That in the event of any of the following occurrences, L.C.E.T.S. 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 regulations, or other pertinent law, which impose additional or new requirements upon L.C.E.T.S. or Providers which render performance under this contract illegal, impractical, or impossible. 2. Changes in amount of AmeriCorps Program funds received by L.C.E.T.S. 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.E.T.S. shall have the ability to monitor and evaluate performance and compliance of the Provider pursuant to the Contract. Monitoring shall include review through on -site visits and program data, all project activities and services to ensure compliance with the AmeriCorps Provisions, directions or guidelines of L.C.E.T.S., and the terms of this Contract. L.C.E.T.S. shall advise the Provider under this Contract, of any deficiencies noted in writing. The Provider has fifteen (15) days after receipt of such notification to correct said deficiencies. L.C.E.T.S. may grant extensions as deemed advisable. Failure of the Provider to correct deficiencies within the time periods set forth is cause for termination. 5.04 Notwithstanding anything to the contrary herein, all payments under this contract are conditioned upon Provider's performance of its obligations hereunder. Failure to submit to L.C.E.T.S. in a timely manner any report required by sections 4.11 and 5.03 of this agreement may be treated by L.C.E.T.S. as a breach of this agreement for which any or all payments otherwise due and owing hereunder may be withheld. If L.C.E.T.S. withholds such payments, it shall notify the Provider in writing of its decision and the reason therefore. Payments withheld pursuant to this paragraph may be held by L.C.E.T.S. until such time as the delinquent obligations are fulfilled by the Provider. 5.05 Notwithstanding any other provision of this agreement, it is expressly understood and agreed by the parties hereto that L.C.E.T.S. may, at its sole option and at its sole discretion, offset any amounts withheld or otherwise owing to the Provider hereunder against any amount owing but unpaid by the Provider to L.C.E.T.S. arising from this or any other contract between L.C.E.T.S. and the Provider. 5.06 It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5, or in any other provision of this agreement, shall not preclude the exercise of any other right or remedy under this agreement or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any right or remedy at any time. In the event of breach hereof by the Provider, L.C.E.T.S. may recover its costs and attorney fees in any action brought by reason of such breach. 3 971093 5.07 This agreement shall be governed by the laws of the State of Colorado. This agreement contains the entire agreement of the parties hereto and no representations, inducements, promises or agreements, whether oral or otherwise, between such parties not embodied herein or incorporated herein by reference shall be of any force or effect. 5.08 L.C.E.T.S. agrees that it shall not extend the faith or credit of the Provider to any third person or entity. 5.09 The parties agree that L.C.E.T.S. reserves the option, in the event that it receives notification of a cut in the AmeriCorps Program funds, which are the basis of this contract, to reduce contract funding in any amount or to terminate the contract at its discretion IN WITNESS WHEREOF the parties have caused this agreement to be executed in their respective names and under their respective seals as of the day and year first above written. LARIMER COUNTY EMPLOYMENT AND TRAINING SERVICES A?TESTINGYifibR al COMMISSIONER MIJAIORES ONLY ATTEST: BY: PROVIDER: WELD COUNTY COLORADO BY: EORGE BAXTER, CHAIR 9/97 WELD COUNTY BOARD OF COMMISSIONERS BOARD OF c *MMISSIONERS OF LARIMEF a , COLORVO 4 DATE: 5 - 1 17 APPROVED AS TO ASSISTANT COUNTY 971093 EXHIBIT A EXHIBIT A STATEIvfENT OF WORK/BUDGET I. Statemen_ tom The Colorado Youth Conservation and Service Corps (CYCSC) performs valuable community service environmentalandhumanneedsfortheurbanandruralcommunitiesofColorado, leaving lasting visblebenefitsothat would otherwise not be provided and utilizing national service as a method of strengthening the bonds that bind communities together. The CYCSC provides corpsmemberdevelopment activitiesvities that enhance leadership skills, develop educational skills, strengthen citizenship skills, and build an ethic of service in its members. - o' a+e� lv ervice Obechv ( Work) I: Improve public recreation areas, 2: Clean up distressed neighborhoods. 3: Tutor elementary school children and provide conflict resolution workshops. 1: Additional recreation areas will be accessible to more persons. 2: Depressed areas will be cleaner and safer. 3: Students will have improved academic and social achievement (Measure the quality) . I: Numbers of users of park facilities, and user surveys. 2: Surveys of neighborhood residents. 3: Test scores and reports from teachers and school counselors. (Standard of Success) I: Park attendance improves by 20% and users indicate increased accessibility and utilization of facilities. 2: 80% of neighborhood residents say work made significant difference in the neighborhood. 3: 10% rise in academic scores and reported increase by teachers and counselors in dealing with conflict. 1: 5,000 park users. 2: 500 low income residents. 3: 200 high risk elementary age students. Commtrttil BuildBuildin Oliectives: (Results) (Benefit) ( Work) I : Increase community awareness of national service through completion of the all -Corps day of service 2 Strengthen existing community partners and develop new partners. 3: Recruit additional volunteers. 971093 (Results) I: At least 100 AmeriCorps and youth corps members, and five other partner agencies participate in the CYCSC day of service 2 Partners tvill rate highly the success of their involvement with CYCSC and will request additional involvement. N join. New ones will 3: Additional volunteers will increase the importance of service in Colorado. (Measure the quality) I: The number of AmeriCorps and youth corps members and agencies participating. 2: Surveys from project sponsors and phone interviews with other partners and number of new partners. 3: Reports of number of additional volunteers (Standard of Success) I: 75 AmeriCorps and youth corps members and three partner agencies participated in the day of service. 2: 90% of sponsors evaluated the projects as good or excellent and 90% of all partners seek further involvement. Six (6) new partners involved in CYCSC projects. 3: 50 additional volunteers recruited. (Benefit) I M members and staff from each of the two CYCSC sites, 100 other AmeriCorps and youth corps members, and 5 agencies and their members. partnering 2: At least six (6) partnering agencies and all of the comrnunities they serve. 3: The 50 volunteers and the projected 100 community members that they will impact. Member Development Objectives ( Work) I : Pre -service Member training in First Aid, CPR, communication, team building, conflict resolution, and AIDS awareness. 2: Service Leaning instruction_ 3 Personal development opportunities in leadership, educational and vocational skills. (Results) I . Members will have increased skills in all these areas 2 Members will have increased understanding of the learning opportunities inherent in service projects 1 Members will have increased responsibility and self-confidence. (Measure the quality) 1: Preparedness of members for service activities. 2: Quality and quantity of journal entries. 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. 971093 2: 95% of members keep quality journal entries on a regular basis 3: 100% of members serve as assistant team leader, obtain GED if necessary and write quality resumes. (Benefit) L 17 members. 2: 17 members. is 17 members 971093 II. Budget Estimated it E" ble Members::: Pull Time: Members,,; Fiscal 95-96/gmeriCorps Budget/May I, 1997 971093 B D .FT lveRRAT. �H 11 VE A. Member Support Costs Livine Allowance: Reflects living allowance for 8 FT Members at $7,945 per member based on 1700 service hours. FICA: 8 FT members at 7.65% Worker's Compensation: 8 FT Members at 9.15% Health: Health insurance for all full-time members is purchased through the National Association of Service and Conservation Corps at a rate of $700 per member. Total Member Su ort Costs: Corporation Share (85%) Grantee Share (15%) $67,863.00 Subtotal $11,975.00 $79,838.00 B. Other Member Support Costs Trainine and Education: Training for Corps Members including first aid, CPR, communication, team building, and other areas deemed beneficial and appropriate. Total Other Member Su ort Costs: Corporation Share Grantee Share Subtotal $2,240.00 $2,400.00 $4,640.00 C. Staff Salaries: Salaries and benefits for 1 crew supervisor. Benefits include FICA, Worker's Compensation, unemployment insurance, health insurance, and are determined in conjunction with personnel local policies. Training: Represents cost for professional development, attendance at seminars, and conferences and purchase of related materials. Total Staff osts: Corporation Share $24,465.00 Grantee Share $8121.00 Fiscal 95-96/Budget Narrative CYCSC 5/1 /May 7, 1997 Subtotal $32,586.00 971093 D. Operational Travel- In-state/out-of-state travel for training conferences and program support meetings by staff and Corps Members. Trans ortation: Gas and oil purchase, maintenance, and repairs of vehicles for transportation of Corps Members to projects. Su lies: Three cellular phones costs © $225.00 per month. Office supplies and program supplies such as gloves, safety equipment, hard hats, and educational materials. Includes $250.00 per participant for required service gear, $182.00 to be Corporation share. Egui_ 'pment: Tools and equipment to provide continuity and productivity to each team. TotalOperah_ ine� : Corporation Share $4,310.00 Grantee Share $4,388.00 Subtotal $8,698.00 E. Administration Program: Wages and benefits of staff responsible for administrative functions including accounting, payroll, audit, general and legal their associated overhead costs such as copying, telephone, postage, and printing. Corporation Share (5%) Grantee Share (10%) $5,000.00 Subtotal $3,000.00 $8,000.00 G. Child Care Reflects estimate of five (5) eligible members with six (6) children. H. Education Awards Full-time Members: Reflects cost of 8 awards of $4,725 each. Total Corporation Share Total Grantee Share $103,878.00 Grand total $29,884.00 $133,762.00 Fiscal 95-96/Budget Narrative CYCSC 5/1 /May 1, 1997 971093 EXHIBIT B B. AMERICORPS SPECIAL PROVISIONS 2. PURPOSES OF THE AWARD 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 Grant are intended to 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. All applicable Provisions of the Cooperative Agreement between the State of Colorado and the Corporation for National Service shall flow down to Grantee AmeriCorps Programs and other awards as applicable. 3. AMERICORPS NATIONAL IDENTITY. a. Identification as an AreriCorps Program, 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. The Grantee must use the AmeriCorps name and logo on uniforms, stationery, application forms, fundraising solicitations, recruitment brochures, orientation materials, Member curriculum, signs, banners, press releases and publications created by AmeriCorps Members in accordance with Corporation guidelines and requirements A camera-ready logo is provided by the Corporation. 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: i. using the logo as a part of any other logo or design, ii. using the AmeriCorps name or logo on materials that will be sold, is using the AmeriCorps logo or name on clothing intended to be worn by individuals who are not Members or former Members, or iv. permitting donors to use the AmeriCorps name or logo in promotional materials. c. AmeriCorps uniforms. The Grantee must provide the Core AmeriCorps Uniform Package for each Member. The Grantee must direct Members to wear the uniform at officially -designated AmeriCorps events and may allow Members to wear the uniform at other times consistent with Corporation guidelines. The Grantee may not use Corporation funds to purchase local Program uniforms. d. Participation in AmeriCorps events. The Grantee agrees, within reasonable limits, to participate in AmeriCorps events and activities sponsored by the Corporation, such as the National Opening Ceremonies, National Volunteer Week and National Day of Service, conferences and state and national service days and initiatives. 4. 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. Grantees are encouraged to 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 October, 1995 971093 the Program. Grantees must ensure compliance with the non -displacement requirements contained in these Grant Provisions. c. State Commission consultation. In coordination with the Corporation, AmeriCorps•State, 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. 5. PROHIBITED PROGRAM ACTIVITIES. While charging time to the AmeriCorps Program, Members and staff may not engage in the following activities in any manner that would associate the activities with the AmeriCorps Program or the Corporation: a. Any effort to influence legislation. b. Organizing protests, petitions, boycotts or strikes. c. Assisting, promoting or deterring union organizing. d. Impairing existing contracts for services or collective bargaining agreements. e. Engaging m partisan political or other activities designed to influence the outcome of an election to any public office and/or carrying on propaganda, or otherwise attempting to influence legislation. For purposes of this section, activities that create the appearance of impropriety will be prohibited. f. Engaging in religious instruction; conducting worship services; providing instruction as part of a Program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization. g. Providing a direct benefit to: i. a for-profit 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 50I (c)(3) of Title 26, except that nothing in this section shall be construed to prevent Members or Participants from engaging in advocacy activities undertaken at their own i it r h. Voter registration drives by AmeriCorps Members i. Other activities as the Corporation determines will be prohibited, upon notice to the Grantee. 6. 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 funds or in -kind contributions while generating, involving and/or encouraging community support may be considered appropriate and allowable, such as serve -a -thous, to the extent they are in direct and immediate support of an acceptable direct service 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 other fund raising activities to help the Grantee achieve its matching requirements or to support an organization's general October, 1995 Page 5 of 24 pages 971093 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 direct service activity. 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 fttndets on the AmeriCorps Program and its achievements. Staff can make presentations and educate finders 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. 7. ELIGLBILITY, 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 comply with sections ii- iv of the definition of a Member (Definitions, letter I). 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, sexes, ages, socioeconomic backgrounds, educational 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. The Corporation's overall goal is to have 25% of AmeriCorps Members nation-wide recruited from the national pool. Grantees may be asked to consider qualified individuals on the referral list, but will not be required to select anyone. Prospective AmeriCorps Members may access the national recruitment database through the Corporation's toll -free number, 1-8130-94-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 that meet those qualifications, and assigning Members 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 or child care, without displacing paid employees, and in accords nee with its approved application. The Grantee is encouraged to select Members who possess a commitment to the goals of AmeriCorps. d. Reasonable accommodation. The Grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified Members and all selections and project assignments must be made without regard to the need to provide reasonable accommodation. There is a limited amount of money available through the State Commissions to enable individuals with disabilities to participate as AmeriCorps*State Competitive (as opposed to State Formula Programs) or ArerCorps*National Members in certain Programs. The Grantee is not required to accommodate a Member if that Member poses a direct threat to the health or safety of others where that threat cannot be eliminated by reasonable accommodation. Accommodations which impose an undue financial or administrative burden on the operation of the Program or fundamentally alter the nature of the Program are not considered reasonable October, 1995 Page 6 of 24 pages 971093 accommodations. If a Grantee determines that an accommodation would impose an undue burden, it must document its determination and must notify the Corporation promptly. The factors to be considered in determining whether an accommodation would impose an undue burden include: i. the overall size of the Program, with respect to the number of staff and Members, the number and type of facilities, and the size of the budget; ii. the nature of the project, including its structure staffing composition and activities; and iii. the nature and cost of the required accommodation. 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 begin "classes" or terms of service in January, June or September, with September serving as the primary class or beginning of the Program year. Programs have the option of filling the vacated slots at any time; however, the Corporation specifically discourages rolling admissions Should a Program not be renewed, Members who were scheduled to continue in their terms of service either may be placed in other Programs where feasible, or can receive a pro -rated educational award if the Member has completed at least 15% of the necessary hours. f. Member Classification. AmeriCorps Members are not employees of the Program nor 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." 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. 8. TRAINING, SUPERVISION AND SUPPORT. 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 Members 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 educational 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 require that Members sign contracts that stipulate the following: i. the minimum number of service hours and other requirements (as developed by the Program) necessary to be eligible for the educational award; ii. acceptable conduct; iii. prohibited activities; iv. requirements under the Drug -Free Workplace Act (41 U.S.C. §70I el seq.); v. suspension and termination rules; vi. the specific circumstances under which a Member may be released for cause; vii. grievance procedures; and viii. 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 October, 1995 Page 7 of 24 pages 971093 served. The Grantee must provide training in the required areas of first aid/CPR, communication skills, and conflict resolution. The Grantee must conduct an orientation 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 communityOrientation 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 -teaming. 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 for Members to reflect on their service experiences. e. Limit on education and training activities. No more than 20% of the aggregate of all Member AmeriCorps service hours in a Program may be sycut in education, training or other non -direct activities without specific written percussion from the Corporation. f. on. The Grantee must Members with in accordancetwith the approved application. The Grantee must gestablish and enforce uate supervision by qualified codee osupervisors nt for Members. g. Performance reviews. The Grantee must conduct at least a mid-term and end -of -tens 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 educational and career opportunities. i. 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. i. Jury Duty. The Grantee must allow AmeriCorps Members to serve on ajury without being penalized for doing so. During the time AmeriCorps Members serve as jurors, they should continue to receive credit for their normal service hours, a living allowance, health care coverage, and if applicable, child care coverage. Members may keep any reimbursements for incidental expenses received from the court. k. Member injury. The Grantee must report any serious injuries to a Member to the Corporation immediately. 9. 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. Part-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. Members who are enrolled in an institution of higher education must serve at least 900 hours during a period of not more than three years. October, 1995 Page 8 of 24 pages 971093 b. Set -vice 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 only in-service and post -service benefits for the first two terms of service. For example, one full-time and one part-time term of service count as two terns. c. Notice to the Corporation's National Service Trust. The Grantee must notify the Corporation's National Service Trust immediately 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 Member's status is approved and changed (i.e. from full-time to part- time or vice versa). Forms for this filing will be provided to the Grantee. My 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, the termination of or release from service, and suspensions for cause or which are lengthy or indefinite. Program directors should contact AmeriCorps®Care at 1-800-5704543 on child care related changes, and if using the Corporation's Allianz health care policy, should contact SRC at I - 800-788-6557. e. Notice to CPO. The Grantee must notify the Community Partnership Office in writing if there are changes in Member's status. 10. RELEASE FROM PARTICIPATION. Grantee may release Members for two reasons: (I) 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 educational award or temporarily to suspend service for up to two years. In order to be eligible for a pro -rated educational 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. b. For cause. 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 educational 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 c. Resumption of service. My Member whose service was suspended because of being charged with a violent felony or sale or distribution of a controlled substance may resume service if the Member is found not guilty or if the charge is dismissed My 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 October, 1995 Page 9 of 24 pages 971093 second or third offense of possession of a controlled substance may resume services 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. 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 educational award, whether or not that individual successfully completes the term of service. d. Notice to CPO. The Grantee must notify the Community Partnership Office in writing if there are changes in Member's status. 11. 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. 12. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS AND TAXES. The living allowance match must come from non -Federal sources, unless an exception under 42 U.S.C. 12501 et seq. is specifically approved in Section VII. Special Conditions of the Award document. Programs that want to provide a living allowance in excess of $7,945 must provide a Grantee match for all funds over $6,753. Programs may not provide a living allowance benefit above $15,980. Programs in existence prior to September 21, 1993 may offer a lower living allowance than the minimum; Corporation funds will support only 85% of the actual amount. The Grantee must ensure that Members receive the following benefits: 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. As of September 1, 1995, the established range for a full time living allowance is between $7,945 and $15,890. The $7,945 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 ($7,945), which is a maximum of $6,753 per full-time Member. A minimum of 15% must be matched by non -Federal sources. A Program that wants to provide a living allowance in excess of $7,945 must provide a Grantee match for all funds over $6,753. If the living allowance is less than $7945, the Corporaton 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. in. Other Requirements. Programs may not provide a living allowance benefit above $15,980 for full-time Members, 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 minimum ($7,945 for full-time Members, or pro -rated for part-time); 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 October, 1995 Page 10 of 24 pages 971093 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. Waiving the living allowance. A Member may waive 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. each State has different regulations applying to HITS rules, and even if a Member waives his or her right to receive the living allowance, the State may consider the amount of the living allowance that the Member is eligible to receive; 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. FICA. 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. ii. Income Taxes. The Grantee must withhold 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. iii. Unemployment insurance. The U.S. Department of Labor ruled on April 20, 1995 that Federal um unemployment relationship msatiocexists T law e does require coverage for Members because no employer - the Grant unless mandated by State law. Programs cannot charge re the rcesponsible of unemployment insurance taxes to requires via their State Commission,legal counsel Ponsrabl for ate eining what State law 8 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 to pay unemployment insurance for Members with the determination General lSCou legal The Grantee must receive written approval from a Corporation's before char Counsel. Grantee the Grant, even if they Corporation d uts �°� charging such expenses to are contained in the approved budget iv. Worker's compensation Worker's Compensation is an allowable cost to the Grant The Grantee is responsible for determining whether state law requires the a for Members. If a Program does not pay worker's payment sation, the rogram must obtain worker's compensation taxes Occupational Accidental Death and Dismemberment coverage com�for Members to cover in-service injury or incidents. v. Liability Insurance. Programs may need t incidents that occur while Members are pet{ i g service rvicet their er clai Basch s those a for �y injury, damages to property and someur�� prto cover claims such as those arising from apes °f Personal injury. 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 dining their term of service as a result of participating in the 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: o services for physician services for illness or injury; o hospital room and board; o emergency room; o x-ray and laboratory; o Prescription drugs; o limited mental/nervous disorders; o limited substance abuse coverage; October, 1995 Page 11 of 24 pages 971093 o an annual deductible of no more than $250 per Member; o no more than $1,000 total annual out-of-pocket per Member; o a 20% co -pay or a comparable fixed fee with the exception of a 50% co -pay for mental and substance abuse care; and o a maximum benefit of $50,000. ii. Corporation health care policy. Programs without existing health care coverage or with coverage that does not meet the minimum requirements must select the AmeriCorps alternative health care policy. Information and brochures relative to this coverage will be provided by the Corporation's administering agent, Strategic Resource Company (SRC). Programs that have not received information, or that have additional questions, may contact SRC at 1-800-788-6557. that Use se of nmexisting health � policy. If a Grantee is going to use an existing health care policy per month per Met to the Corporation, with a summary of its coverage and ' copy Grants Oe policy along with a National costs must be sent to the Corporation's Office. Grantees Association of Service Conservation Corps (NASCC) policy at the time of their application for the AmeriCorps Grant only need to notify the Grants Office. iv. Part-time Members. Although no may be paid from Binds, r portion m of health insurance to ro expenses hefor e part-time to Members Members Corporation ftmds, Programs may choose to provide health care part-time from other sources. v. 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 paid by Corporation funds, although that coverage must be approved in the Grant or via prior written approval from the Corporation. 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 other child care subsidies. i. Member eligibility. A Member is considered to need child care in order to participate in the Program if (a) he or she is the parent or legal guardian (or acting in loco parentis ) fora 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 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. n 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. Mmi, wti tih will on of bedcare payments. In general, the Corporation will provide for child ca re administeredthrough the National Association of Child Care Resource and toReferral Agencies (NACCRRA), hereafter referred to as AmeriCorps®CARE. Grantees that choose forprovide child care as a match source (as approved in their budget) may use AmeriCorps®CARE ical assistance. Grantee's can contact AmcriCorps®CARE at 1-800-5704543 with questions regarding child care. iv. Program tor's of their term of Direeccior' Proresponsibilities. In addition to determining a Member's eligibility at the start �°' 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 pad -time Member, or a Member leaves the Program); (b) new or existing Members become eligible for child care (c) a Member wishes to change child care providers or a child bens; 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). y Costs incurred due to the Grantee's failure to keep AneriCorps®CARE immediately informed of October, 1995 Page 12 of 24 pages 971093 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 ootheer sourcesColion funds, programs may choose to provide child care to part-time Members from vi. Part-time Members serving in a fitll-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 paid by Corporation funds, although that coverage must be approved in the Grant or via prior written approval from the Corpor ation. 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 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; iii. serious illness of an AmeriCorps Member's spouse, child or parent; or iv. serious illness preventing 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. 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. 13. POST -SERVICE EDUCATIONAL AWARDS In order for a Member to receive a post -service educational award from the National Service Trust, the Grantee must certify to the National Service Trust that the Member is eligible to receive the educational benefit. The Grantee must notify the National Service Trust on a form provided by the Corporation 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). If a Member is released from a Program for compelling personal circumstances, the Member is eligible for a pro -rated educational 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 educational award should be directed to the Trust at (202) 606-5000 ext 347. 14. MATCHING REQUIREMENTS. a. Matching obligation. The Grantee must provide and account for the matching funds as agreed upon in the approved application and budget. The Corporation's statute requires, at a minimum, the following aggregate matches: i. Member Support Costs : 15% including Living Allowance, FICA, Unemployment Insurance, Worker's Compensation and Health October, 1995 Page 13 of 24 pages 971093 Care ii. Program Operating Costs: 25% including Other Member Costs, Staff, Operating Costs, Internal Evaluation and Administration For further requirements refer to OMB Circular A-102 and its implementation regulations (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 cash, unless otherwise authorized in accordance with AmeriCorps Special Provision 12, Living Allowance_ 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 the Grantee's records; ii. They are not included as contributions for any other Federally -assisted Program; Progr Thy are necessary ectivess rd and reasonable for the proper and efficient accomplishment of iv. They are allowable under applicable cost principles. d. 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. e. Administrative costs. The maximum Corporation share of Administrative costs cannot exceed 5% of total Corporation funds actually expended. Administrative costs which exceed the 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 24, Administrative Costs. f. Valuation. The value of Grantee 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. 15. 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, birthdate, level of educational 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 Prpgram and that the Member successfully completed the Program requirements with a minimum of 1700 hours of participation as a full -tune Member or 900 hours of participation as a part-time Member. 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 educational 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 § 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 October, 1995 Page 14 of 24 pages 971093 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 which 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 designated contractors. The Grantee must permit a Member who submits a written request for arms to review records which pertain to the Member and were created pursuant to this Grant. 16. BUDGET AND PROGRAMMATIC CHANGES_ a. Programmatic changes. The Grantee must obtain the prior written approval of the Corporation before making the following changes in the approved Program: i. Changes in the scope or goals of the Program, whether or not they involve budgetary changes; ii. Changes in (or extended absences oQ the Program Director or any other key personnel designed by the Corporation; iii. Substantial changes in the level of participant supervision; iv. 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. b. Changes in the budget. The Grantee must obtain the prior written approval of the CPO and Corporation before deviating from the approved budget in any of the following ways: i. Budgetary transfers to absorb administrative costs above the amount specified in the approved budget, if below the 5% maximum limit. ii. 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). iii. Within the "Other Member Costs" category, the Grantee may not decrease funds budgeted for training and education without prior Corporation approval. iv. 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 preaward costs. v. Purchases of equipment over $500 (five hundred) 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. 17. REPORTING REQUIREMENTS. The Corporation is in the process of reviewing the Reporting Requirements for the AmeriCorps Programs. In the past, the Corporation has required Grantees to submit quarterly progress reports and financial reports(SF 269A). Within 45 days of this agreement, and upon completion of the review and development of new reporting criteria, this agreement will be amended to include new reporting requirements. CPO will notify its Grantees of any changes 18. RENEWAL OF GRANT. Unless otherwise specified, the Grant is made for the period specified in the Grant to cover one Program year. Renewed funding for the next year of operation is contingent upon performance, plans for the next year, availability of funds, and renewal submission requirements issued by the Corporation. The Corporation will provide further guidance on the renewal process in the coming fiscal year. October, 1995 Page 15 of 24 pages 971093 19. TERMS OF ACCEPTANCE. The Grant Provisions are binding on the Grantee. BY accepting this Grant, the Grantee agrees to comply with the Grant and applicable Federal statutes, regulations and the aproved Grant application and budget, guidelines. The Grantee agrees to operate the funded Pro Grant rplication.psupporting documents, and other representations in accordance with epresen[ahons made in support of the approved 20. 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. Part 2510 et seq. 21. OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS. The following applicable Federal cost principles administrative requirements and audit requirements are incorporated by 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. Governments — 45 C.F.R. 2541. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local ii. OMB Circular A-87, Cost Principles for State and Dual Governments. iii. OMB Circular A-128, Audits of States and Local Governments b. Nonprofit organizations The following circulars and their implementing regulations apply to nonprofit organizations: i. Uniform Administrative Hospitals and Other Nonprofit Organizations for Gr45 C.F.R.and 5ments with Institutions of Higher Education, ii. OMB C, ganrzahons — 45 C.Part 2543. Circular A-122, Cost Principles for Nonprofit Organizations. iii. OMB Circular A-133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions. c. Educational institution The following circulars and their implementing regulations apply to educational institutions: i. Uniform Administrative Requirements Hospitals and Other Nonprofit Or for Grants and Agreements with Institutions of Higher Education, ii. OMB Circular A_ Organizations or — 45 C.F.R. Part 2543. 21, Cost Principles for Educational Institutions. iii. OMB Circular A-133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions. 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. 22. RESPONSIBILITY FOR ADMINISTERING THE GRANT 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 Co rporation grant fof the funds in a judicious and reasonable manner. Although Grantees are encouraged to seek the advice and opinion funds. It must d Corporation on special problems that may that arise, se, such advice does not diminish the Grantee's responsibility for making sound judgments and does not mean Corporation responsibility for operating decisions has shifted to the bb.. any Notice to Corporation. The Grantee will notify the appropriate Corporation's Program or Grants Officer immediately opments 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 nonfeasance related to the Grant or October, 1995 C. GENERAL PROVISIONS Page 16 of 24 pages 971093 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. 23. FINANCIAL MANAGEMENT PROVISIONS. a. General. The Grantee must maintain financial management systems which include standard accounting sufficient internal controls, a clear audit trail and written cost allocation procedures as necessary. systems must be capable of distinguishing Practices, Grant This system be be stto identify expenditures attributable to this Grant from pdit Financial ot attributable management between direct and must ect able toor tify costs by programmatic year and by budget line item, and not i ffere tiat a to this administrative costs. For further details about the Grantee's financial management EEduuccation and Non Profit Organizations) 102 (for State and Loral Governments) and A-110 (for Institutions of Higher b. Source documentation. The Grantee must maintain adequate supporting documents for every expenditure non -Federal) and in -kind contributions made under this Grant . Costs must be shown in books or record[e.g., disbursement ledger (Federal and or journal], and must be supported by a source document, such as a a bill, affidavit, in -kind voucher, or similar document receipt, travel voucher, invoice, c. Time and attendance records i. Staff. 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 approved by a responsible official of the Grantee. Salaries and wages chargeable between and by Gdocumented ant n other payrolls programs or functions of the Grantee organization must be supported Crib Grant and s. ii. Amen Corps Members. The Grantee must keep tedc individual ecson time distribution records. order to document their eligibility for in-service ad time post -service attendance records Alan e records ds must in signed both by the Member and by an individual withoversighttr sponsib. Time and etteember. records must be responsibilities for the Member. d. Audits. Recipients of Federal grant awards of at least $25,000 must have an audit conducted at least every two years by an independent auditor in accordance with the provisions of OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions," unless audited as a part of single audits in accordance with OMB Circular A- 128, "Audits of State and J Kral Governments." The Grantee must provide copies of all audit reports to the Federal Audit Agency with cognizance under OMB Circular A-88. If the Grantee does not have an assigned Federal Audit Agency with cognizance over the Grant, the Corporation is responsible for overseeing audit and financial Copies of all audits must be forwarded to the Corporation's Office of the Inspector General and the Grants Grantee must management requirements. cooperate with the cognizant agency and the Corporation in implementing Office. The management changes. For further details about the Grantee's audit obligations, refer to OMB Circul�arsA-33, A-128 and A-88. e. Consultant services. As required by Public Law 102-389, payments to individuals for consultant services under this Grant will not exceed the daily equivalent of the maximum rate (exclusive of any indirect expenses, travel, supplies and so on.) allowed by Federal law. As of January, 1995, this rate is $443.00 per day. 24. ADMINISTRATIVE COSTS. a. Definitions. Administrative costs relate to the support of the program's general operations and not to expenses identified with a particular Program or project Certain costs, such as costs of staff who perform both administrative and Program functions, may be prorated between the Program if they are included in the budget andaadministrative costs Corp to the organization Administrative costs directly related to i. indirect costs (e.g. costs identified with the approved 'sy the Corporation. Administrative costs include: of the OMB circulars); program's overall operation as described in the applicable provisions ii. costs for financial, accounting, auditing, contracting or legal functions not in support of a specific project; iii. internal evaluation costs, including overall organizational management improvement costs (except for independent evaluations and internal evaluations of the Program or project that are specifically related to creative methods of quality improvement); iv. insurance costs for the entity that operates the Program; and v. that portion of the 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. October, 1995 Page 17 of 24 pages 971093 Administrative costs do not include the following allowable costs directly related to Program or project operations, such as: i. allowable direct charges for Members, including living allowances, insurance payments made on behalf of Members, training and travel; r staff ii. costs f who it train, place or supervise Members, including staff salaries, benefits, training travel, if the is for specific Pro iii. costs for purpose independent gram or project objective; evaluations and any internal evaluations of the Program or project that are related specifically to creative methods of quality improvement; iv. costs for staff that work in an operational capacity (defined as those duties necessary to carry out the daily activities of the Program); and v. space for Americo rp operations, communications and other costs that solely support program operations. b. Limitation by statute. The maximum Corporation share of Administrative costs cannot exceed 5% of total Corporation funds actually expended_ c. Fixed or Calculated. i. Fixed. The Grantee may apply the 5% as a fixed rate for Corporation expenditures without supporting documentation and allocation plan for administrative and indirect costs. In addition, if there are matching administrative costs, the Grantee may also include them at a fixed rate not to exceed 10% of Grantee matching expenditures. ii. Calculated If the Grantee match exceeds 10% and such excess is part of the required 25% minimum Program match, then the Grantee must have detailed supporting documentation and a cost allocation plan for all costs, including any indirect costs. d. Effective Date. This clause applies to FY95 Pro administrative Programs. Programs, and apply may, at the discretion of the Grantee, a 1 prior year 25. EQUIPMENT COSTS. a. Definition of equipment For the purposes of this clause, "equipment" is defined as tangible non -expendable personal property having a useful life of more than one year and an acquisition cost of 55,000 (five thousand) or more per unit (including accessories, attachments and modifications). The requirements in this clause do not apply to property with a useful life of less than two years or a unit acquisition cost of less than $5,000 (five thousand). b Allowable equipment purchases. Equipment is allowable as a direct cost under the Grant provided that the purchase of equipment with a unit acquisition cost of $500 (five hundred) or more has written prior approval of the Corporation or was specifically included in the approved budget. c. Prior approval for equipment purchases. In requesting prior approval from the Corporation the Grantee will assure that each purchase of equipment : i. Is necessary, reasonable, and cost-effective in meeting the Grant objectives; ii. Does not duplicate other equipment that is reasonably available and accessible to the Grantee; and iii. Is purchased in accordance with standard Grantee practices. d. Title to equipment Unless otherwise specified, title to equipment acquired by the Grantee with Grant funds vests in the Grantee, subject to the conditions specified in this clause and applicable OMB circulars. The Corporation right to transfer title to the Federal government or to a third party named by the Corporation Grant The Co reserves the Corporation will issuedisposition Corporation enar upon completion of the Corporation support instructions C s within 120 calendar days after the end of the ntof the project for which it was acquired. If the Corporation does not act within this timefi ame, title vests with the Grantee. e. Conditions of use. The Grantee will use the equipment in the Program continues to be supported with Federal funds. If multiple uses �am for interfere long as it is h needed, whether oenot nthe will make the equipment available for use in other activities supportedPwill not owith Pro When no longer needed for the Program, by the Corporation, or by other eder the Grantee by the n Corporation, r if inapplicable, the Grantee may use the equipment in connection with other activities inapplicable, with other Federally -sponsored activities. sponsored f Encumbrances. The Grantee must not encumber the equipment without prior written approval of the Corporation. October, 1995 Page 18 of 24 pages 971093 g. Trade-ins and offsets. The Grantee may sell or trade-in the original equipment to offset the cost of replacement equipment with the written consent of the Corporation. ep acement b. Inventory controls. Equipment with a unit acquisition ce with OMB O or more is subject to reasonable property management standards and inventory controls in i. adequate maintenance procedures and loss safeguards;rrculars A-110 and A-102, including: ii. physical inventories conducted at least once every iii. maintenance of equipment records that includtwo years; (a) the description and source of the equipment (including Grant number); (b) the manufacturer's serial number or other identification number, (c) the title holder's name and address; (d) the acquisition date and cost; (e) the unit acquisition cost; (f) the percentage of Federal financial participation; (g) date, location and condition; and (h) disposition and loss information. i. Disposition of Equipment For equipment with a fair market value of $5,000 or more at the end of the Program, the Grantee mayretaiirthe equspeciment for use fied OMB circulars n nA-110 err n sponsored activities, provided that compensation is made to the Corporation as request disposition instructions from the Co 102. If the Grantee has no need for the equipment, it will be Corporation. Equipment with a fair market value of less than $5,000 at the end of the epon project25may thisprovision.retained, sold or disposed of without further obligation to the Corporation subject to the conditions of 26. RELOCATION COSTS. Grantees may only provide relocation costs for AmeriCorps Members utilizing Corporation funds with prior approval of the Corporation and specific inclusion in the approved budget If provided, travel costs an to 5500 per AmeriCorps Member selected from the National Corporation finds may be used to pay ac costs up Referral System who must relocate in order to join the P27. PROJECT INCOME. 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 -Federal share of the Program. for b. Fees for service. When using assistance under this Grant, the Grantee may not enter into a contract for or accept fees performed by Members when: i• the sea -vice benefits a for-profit entity; ii. the service falls within the other prohibited Program activities set forth in Clause 5 of these Grant Provisions or iii. the service violates the non -displacement Provisions of the Act, set forth in Clause 33 of these Grant Provisions. 28. PAYMENTS UNDER THE GRANT. a. Advance payments. The Grantee may receive advance payments of Grant fiords, provided the Grantee meets the financial management standards specified in 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. Immediate cash flow needs. The amount of advance and immediate cash needs in order to minimize Federal payments hand s requested accordance aby the Grantee must be based on by actual the U.S. Department of the Treasury cash pi in susub-reance with policies established u mi requests for advances and reimbursementsrs 31 at Part 205. lyRwhen elts tr electronic fin d transfers be of usedzed to submit at least monthly when electronic fund transfers are not used, c. Discontinuing advance payments. If a Grantee does not establish procedures to minimize the time elapsing between the receipt of the cash advance and its dish Grantee, discontinue the advance payment method and allow the Corporation ina dv may,only after individual ividu due notice and the approval or by reimbursement payments in advance only by request October, 1995 Page 19 of 24 pages 971093 d. Interest -bearing accounts. The Grantee must deposit advance funds received from the Corporation in Federally - insured, interest -bearing accounts. The exceptions i. it ust of higher education and other non-profit requirement follow: maintain advance funds in interest -bearing gems ions.mess h a Grantee is covered by OMB Circular A - (a) it receives less than $120,000 in Federal frmdsg accounts unless: (b) the best reasonably available account would not tba e� Federal cash balances; or expected to earn interest in excess of $250 per year on (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 IITIS-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 OMB Circular A-102, 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. 29. RETENTION OF RECORDS. The Grantee must retain and makeavailable all financial records, supporting documentation, statistical records, evaluation data, Member information and personnel Precordsforr 3rior to 3 years from the dateon a final submission of the final Financial Status Report (form SF269A). If an audit is started findings involving records have been resolved andfin l of the 3 Period the records must be and final action taken. retained until the audit 30. SITE VISITS. The tceOrecoom acce nild Corporation reserves the right and may make everyeffort to make site visits to review and evaluate provide technical assistance as n rBani�tional P1°cedures and financial control systems; to conduct in er AmeriChnical assistance programs,ecessary_ These will be coordinated with, and in most cases organized s° and is for Amen orTribes e d Territories organizations for AmeriCorpssNationalandProgram State Commissions Programs. Site visits will beproject sites, Officers for made in the least disruptive manner possible. 31. LIABILITY AND SAFETY ISSUES. a. Liability coverage. The Grantee must have adequate liability coverage for the organization, employees and Members, including coverage of Members engaged in on- and off -site project activities. b. Members. �Member safety. The Grantee must institute safeguards as necessary Members may not participate in projects that and Public appropriate safety ensure the safety of Programs posing a significant risk to pose plii safety risk sof theaf Programs and other the Corporation and found in the 1995 Program must adhere to applicable Provisions safety protocol issued by Gram Directors' Manual. 32. DRUG -FREE WORKPLACE. a. Notice to employees and Members. In accordance with the Drug -Free Workplace Act, 41 U.S.C. § 701 a seq., implementing regulations, 45 CF.R Part 2542, and the Grantee's certification, the Grantee must publish a statement notifying employees and Members that: i. the unlawful manufacture, distribute on, prohibited in the Grantee's workplace and Program; aeon possession or use of a controlled substance is n. conviction of any criminal drug that the employee's statute must be reported immediately to the Grantee; ;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. October, 1995 Page 20 of 24 pages 971093 b. Criminal drug convictions. The Grantee's employees and Members must notify the CPO in drug convictions for a violation occurring in the workplace or during the performance of days after such conviction. The CPO writing of any criminal conviction. The Grantee must and Grantee must notify the Corporation within 10 days of activitiesreceiving no later than 5 take appropriate action against Y rd including notice natioh or Member release for cause consistent with the Corporatis rules onterrmination Member up ton and sery the employee or Member to satisfactorilyotermination Participate in an approved drug abuse assistance suspension rehabilitation Prograam require c. Drug -Free awareness Program. The Grantee must establish a drug -free awareness Program Members about the dangers of drug abuse in the workplace, the Grantee's policy of maintaining any available drug counseling rehabilitation, and employee assi to inform employees and may be imposed for drug abuse violations.stance and Member su a Drug -Free workplace, pport services, and the penalties that d. Grantee non-compliance. The Grantee is subject to suspension, termination or debarment comply with the Drug -Free Workplace Act. pr oceedings for failure to 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 -disc confidentiality. nmination and 33. NON-DISCRIMINATION. a. Discrimination prohibited. The Grantee may not unlawfully discriminate against any service recipient on the basis of race, color, national on qualified recipient on with basis ofaie The Grantee may not unlawfully age, political disc Member, Program staff, or gin, sex, age, discriminate theor disability (for otherwise Member, service recipient or Program staff who are Y rrminate on basis of religion against any paid with Corporation funds. b. Reasonable accommodation The Grantee must provide reasonable accommodation to otherwise qualified individuals with disabilities. Accommodation must be based on the Member's, Program staff or service recipient's individualized needs. See clause 7(d) for further information. c. Self -evaluation requirements. The Grantee must comply with the self -evaluation requirements in Section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities. The Grantee also must comply with the self - evaluation requirements of Title IX of the Education Amendments of 1972 concerning discrimination based on sex. d. Other applicable statutes. In accordance with its assurances, the Grantee must comply relating to non-discrimination to the extent applicable, including, but not limited to titles VI and hts Act of 1964 (42 U.S.C. §§ 2000d and 3601 et seq.),nP Y with all Federal statutes § t794), the Age Discrimination § 200 Act of 1975 1 as amendectio U S of the Rehabilitation Act of 1973 oamended (2f the Civil 9 U.S.C. Act of 1972 (P.L. 92-255) as amended, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970Drug Abuse Office and Treatment Rehab -3 (P.L. 91-616), as amended, the Public Health Service Act of 1912 as amended (42 U.S.C. and 290ee-3), and the requirements of any other non-discrimination provision in the National and Community Service Act of 1990, (42 U.S.C. § 12635) or any other applicable non-dis 34. SUPPLEMENTATION, NON- °i1II1n'at'°n provision. 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 n will be e satisfied if the aggregate non -Federal public expendie eligible to receive ture Grant that Program or project in the fiscal year that any given Program, this condition 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 goverment 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, October, 1995 Page 21 of 24 pages 971093 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 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 rights pursuant 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) Presently employed worker, (b) Employee who recently resigned or was discharged; (c) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (d) Employee who is on leave (terminal, temporary, vacation, emergency or sick); or (e) Employee who is on strike or is being locked out. 35. 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 concerning Program or project operations. 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. b. In the event that a sub -Grantee of a direct Grantee of the Corporation is no longer in existence, the direct Grantee will assume the responsibility of fulfilling the sub -Grant's obligation to process all grievances 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 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 October, 1995 Page 22 of 24 pages 971093 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 decision against 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 binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested parties. If the grievance to 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. ii. 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 prevails. If the grievant prevails, the Grantee must pay the total cost of the proceeding and reasonable attorney's fees of the prevailin connection with the ADR proceeding. iv. Effect of noncompliance with arbitration P g party incurred in award may be brought any eras t in Fed districtursuant to 42 U.S.C. § 12636(1)(7), a suit to enforce an arbitration court having jurisdiction over the parties without regard to the amount n controversy 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: (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. 36. OWNERSHIP AND SHARING OF GRANT PRODUCTS. a Ownership. Unless otherwise specifir�eGrantee eo owns and may copyright any work that is subject to copyright, including software designs, training manuals, Grantee may not sell any work which includes an AmeriCorps logo without priand other or Corporucts produced ton written approval. However, the 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. 37. PUBLICATIONS. with a. Acknowledgment of support Publications created by Members may include an AmeriCorps logo if they are consistent 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 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 October, 1995 Page 23 of 24 pages 971093 sent to the Corporation's Office of Public Affairs and Program Officer. 38. EVALUATION. 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, sex, age, economic background, educational level, disability classification and geographic region. The Corporation will provide forms for collecting Member data. 39. SUSPENSION OR TERMINATION OF GRANT. a. Suspension of the Grant. In emergency situations, the CPO and/or 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 CPO and/or may terminate, revoke or recover Grant funds 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 CPO and/or Corporation will notify the Grantee by letter or telegram that it intends to terminate, revoke 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 Grantee, the CPO and/or 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 CPO may suspend or terminate assistance to a 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 (39). 40. GRANTS POLICY GUIDANCES. Grants Policy Guidances Nos. I, 2 and 3, as attached, and any subsequent Grants Policy Guidances are incorporated herewith into this Agreement. 41. ORDER OF PRECEDENCE. Should there be any inconsistency among the Cooperative Agreement Award, the AmeriCorps Special Provisions, the General Provisions, Grants Policy Guidances, and the approved Grant Application, the order of precedence that will prevail is the (I) Cooperative Agreement Award, (2) the AmeriCorps Special Provisions, (3) the General Provisions, (4) Grants Policy Guidances, and (5) the approved Grant Application. October, 1995 Page 24 of 24 pages 971093 AMERICORPS NATIONAL & STATE Jury Duty, Voting, Family & Medical Leave I. Jury Duty Policy The Corporation fqr National Service is committed to,strengthening the spirit of citizenship among ACMs and believes that serving on a fury` is an important responsi- bility of citizenship. Accordingly, ACMs should be encouraged to serve jury duty and should not be -penalized for doing so. Impact on Benefits During the time ACMs serve asjurors, they should continue to, accrue their normal service hours and receive their living allowance and health benefits.- They also may keep any reimbursements for incidental expenses received from the court. If selected as a juror, the average length of jury service is approximately three to four days, according to the National Center of State Courts' Center for Jury Studies. May 8. 1995 971093 1093 II. Voting Policy Participation in the electoral process through voting is another key element of citizenship. Therefore, ACMs 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 length of absence should be determined by the site director. For example, many federal, state and private sector employers allow their em- ployees to take leave with pay for up to three hours after the polls open or three hours before they dose, whichever leads to less time off from work, to enable theist to vote in person. 2 May 8. 1995 971093 III. Family and Medical Leave Policy Background A number of AmefiCorps grantees have sought CNS guidance on leave requests from ACMs. This section outlines policy options for ACMs seeking a temporary leave of absence or termination from an AmeriCorps grantee for medical or family -related reasons (for example, the provision of medical leave beyond the occasional sick leave days) and consistent with CNS philosophy attempts to balance program flexibility with grants management practices. Acceptable reasons for leave may include but are not limited to the following • the birth of child; • pIdeement of a child with an ACM through adoption or foster care; • serious illness of an ACM's spouse, child or parent; and • serious illness preventing the ACM from performing his or her essential service duties. According to CNS regulations, a serious health condition is an illness requir- ing in -patient care or continuing treatment by a health care provider. The law authorizing CNS stipulatesthat ACMs participating in a state, local or private nonprofit program are covered by the Family and Medical Leave Act of 1993 (FMLA), which provides for coverage if a person has served for at least 12 months and 1,250 hours during the year preceding the start of the leave, and the sponsoring institu- tion, if non-federal, employs more than 50 people. (See the Corporation's Regulations at 45 CFR § 2546220.) As a practical matter, these statutory provisions preclude coverage for the vast majority of ACMs because the members generally serve 12 months or less arid, in most cases, have not accumulated the necessary hours of service to qualify.. 3 May 8.1995 971093 A. ACMs Not Covered by FMLA Policy To provide grantees with as much flexibility as possible, the Corporation has set broad guidelines within which grantees can exercise their own best judgment for ad- dressing specific cases. 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 ACM's service experience, and the overall program. If the discuetion would seriously compromise the ACM's service experience or the quality of the program as a whole, then the grantee may offer the ACM the option of dejoining the program in the next class or completely withdrawing from the program. The grantee also may allow an ACM to take intermittent leave or reduce his or her service hours for any of the reasons mentioned above. Impact on Benefits Health Care: At the grantee's discretion, ACMs on family and medical leave can continue to receive health care coverage for up to 12 weeks. If an ACM decides not to rejoin the program at the end of the leave, FMLA allows gragtees to recover their pre- mium payments, unless the reason for not returning is the continuation of the serious health condition or other circumstances beyond the member's control. Given the small amounts involved —in most cases less than $300 per ACM —and the marginal income levels of most ACIVLs, CNS recommends that grantees not adopt this recovery policy. ACMs may elect to continue receiving health care through the plans conversion policy by paying the cost of the premium and related expenses. Currently, the premium under a converted policy is $126.25 per month. Service Hours: Family and medical leave would not count toward the 1,700 service hours (or 900 service hours for part-timers). Educational Award: An ACM who is forced to leave the program for longer than 12 weeks for compelling personal reasons has two options. He or she can join a subse- quent new class of the same program and complete the rest of his or her service hours. Or, the ACM can receive prorated educational benefits provided he or she has com- pleted at least 15 percent of the required service hours. AGMs with less than 15 percent of the service completed who do not wish to continue with a new class are ineligible for any benefits. Living Allowance: ACMs on family and medical leave may not receive a living allowance during the period of their absence. 4 May 8, 1995 971093 B. ACMs Covered by FMLA Policy The aforementioned policy covering ACMs who have served less than 12 months and 1,250 hours is at the grantee's option. However, ACMs who have served for at least 12 months and 1,250 hours have the right to take family and medical leave, in accor- dance with the FMLA. They may take up to 12 weeks of unpaid leave during a 12 month period for the reasons listed below: • the birth of child; - • the placement of a child with an ACM through adoption or foster.care; • serious illness of an ACM's spouse, child or parent; and • serious illness preventing the ACM from performing his or her essential service duties. According to CNS regulations, a serious health condition is an illness requiring in -patient care or continuing treatment by a health care provider. Impact on Benefits Although FMLA allows grantees to recover the health premium costs if an ACM fails to return to the program for reasons other than the continuation, recurrence or onset of a serious health condition or other circumstances, the Corporation recommends flexibility on this point for reasons mentioned above. The impact on other benefits would be the same as outlined in Section A above. May 8, 1995 5 971093 AMERICORPS NATIONAL & STATE Jul 26.199 I GRANTS POLICY GUIDANCE #2 I TO: State Commission Directors National Direct Contacts FROM: Michael Kenefick Director of Grants and Contracts Diana Rodriguez Algra Director of AmeriCorps State and National RE: AmeriCorps Members With Incomplete Service Hours by the End of Their Term Background Full-time AmeriCorps' Members (ACMs) are required to serve at least 1,700 hours of service during a period of not less than 9 months and not more than 1 year unless there's a break in their service for compelling personal circumstances. - As AmeriCorps programs (hereafter referred to as grantees) approach the end of their first year it appears that some ACMs may not be able to complete their 1700 hours of service for several reasons, including limits in program design, extended ACM absences and circumstances beyond the control of grantees. Program design issues can include such issues as a grantee's failure to build adequate time for sick leave, time -off or other exigencies in the program, inadequate opportunities to make-up missed service or a failure to consider project -related external variables that potentially could affect performance of service. For example, not factoring in delays due to the 971093 weather for outdoor construction projects could be considered a program design flaw. Examples of circumstances beyond the control of grantees which could affect service performance include natural disasters such as floods and fires or human-instigafed catastrophes. Current Requirements on Hours & Successful Completicn of Program To receive their full educational awards, ACMs must perform at least 1,700 hours of service as required by CNS and successfully complete the program requirements as defined by the program. For example, if successful completion of a program requires 1,500 /service hours, ACMs in that particular program are not eligible for an education award simply upon completion of 1,700 hours. They must complete all of the service hours and performance requirements of the program to collect their post -service benefit. Since this is the first program year, grantees should offer ACMs some flexibility on completion of program requirements above and beyond the 1,700 hours if that was not conveyed explicitly in writing to the members at the beginning of the program year, or if experience shows that the additional requirements were unrealistic. Policy — Full- Time' ACMs Curre.nt Policy — Release from Term of Service for Compelling Personal Circumstances Consistent with the attached Diana Aigra/Gary Kowalczyk memo issued in Update #1 dated January 1995, grantees may allow full-time ACMs who have not completed their service hour requirements to receive pro -rated education awards if the reasons for the shortfall are compelling personal circumstances as determined by the grantee. Programmatic situations that are out of the control of the ACM may also be determined to be compelling personal circumstances. Please note that CNS Trust Fund Regulations state that, at a minimum, ACMs must have completed at least 15 percent (255 hours for full-time members and 135 hours for part-time members) of the statutorily required service hours to receive a pro -rated education award under any circumstances. Grantees may allow ACMs who are unable to complete their term of service within one year due to temporary suspension of service for compelling personal circumstances to continue with the program the following year, assuming the program is renewed and has the necessary resources to support the additional ACMs. An ACM may also complete the 971093 term of service at another site If both sites approve. It by the end of the year ACMs have been paid all of their allocated living allowance because they continued receiving payments during the temporary suspension, they may not receive additional living allowance as they complete their term of service. Grantees may; however, use local matching funds for this purpose. if ACMs did not receive' a living allowance during their temporary suspension, they should be paid the remainder of their living allowance as they complete their terms of service. New Relict/ -- Release from Completing Hours at End of Term The Corporation hereby authorizes grantees to provide pro -rated educational awards to full-time ACMs who are close to (within 5 percent or 85 hours) completion of 1,700 hours but are unable to do so because they are facing the one year limit and/or the reason for this small short -fall in their hours is determined by the grantee to be compelling. Any short -fall should be made up by the ACM on the honor system through future volunteer work. Grantees may determine that full-time ACMs who tall more than 5 percent short of 1,700 hours for other than compelling personal circumstances, but who otherwise successfully complete their terms (and who have completed at least 900 hours of service) are eligible to receive a part-time educational award. Grantees have the authority to approve a fixed part-time educational award of $2,362.50 in such instances. Grantees may determine that ACMs who do not complete 1,700 hours because of chronic truancy, tardiness, performance problems or other non - compelling personal circumstances are not eligible for any portion of an educational award. Award Policy — Criminal Charge ACMs who are officially charged with a violent felony, or with sale or distribution of a controlled substance during a term of service will have their service suspended without a living allowance and without receiving credit for hours missed. They may resume AmeriCorps service if they are found not guilty or if the charge is dismissed. If ACMs who have been cleared of such charges are unable to complete their terms of service within one year, they may accept a pro -rated education award as long as they have completed at least 15 percent (255 hours full-time/135 hours part-time) of their service. ACMs may elect to continue with their service beyond the first year assuming the program is renewed and the grantee has the necessary resources to absorb any additional costs. Once again, the term of service may be completed at another site, if both sites approve. ACMs who are convicted of a criminal charge as described above must be terminated for cause front the program, and they are not eligible for any portion of an educational award Policy — Part-time ACMs The CNS statute allows part-time ACMs up to two years (or three years if they were enrolled in an institution of higher education during any part of their term of service) to complete their 900 hours of service. Accordingly, grantees have more flexibility in addressing the problem with part-time, one- year programs whose members are unable to perform 900 hours and successfully complete the program in the allotted period. Proposed Award Policy — Compelling Perso,nal Circumstances Grantees may offer two options to part-time ACMs in one-year programs who are short of the required 900 hours because of compelling personal circumstances. The following options apply only to ACMs who have completed at least 15 percent of their service hours. Option 1: Grantees may allow ACMs unable to complete all of the required hours to receive a pro -rated award at the end of the year; or Option ?: Grantees may allow ACMs to continue to serve past the first year if the program will continue for a second year and adequate resources will be available to absorb any related additional costs. PLEASE NOTE THAT THE ABOVE POLICIES ARE HEREBY INCORPORATED INTO THE TERMS AND CONDITIONS OF YOUR GRANT AWARD. PLEASE MAKE A COPY OF THIS POLICY AND RETAIN IT WITH YOUR GRANT AWARD RECORDS. /Enclosure 971093 MEMORANDUM TO Commission and Project Directors FROM Diana .Atera, Director .AmeriCorps`USA. Gary Kowalczyk Acting Chief Financial Officer SUBJECT Compelling Personal Circumstances for AmeriCorps Members Several of you have requested additional guidance for determining the circumstances under which an AmeriCorps Member may be released from service and still receive a portion of an education award Our regulations state that, in order for this to occur, there must be compelling personal reasons r An individual who is released from a term of service for compelling personal cirscumstances, in accordance with 42522.230(a) of this chapter, is eligible to receive a pro- rated education or Stafford loan forgiveness award . . . (45 COFR Part 25-26.30) The Corporation for National Service allows each project director to decide on a case -by -case basis whether the situation warrants a Member receiving a partial award_ The Corporation feels very strongly. however, that the situation must be beyond his or her control The following are examples of reasons which could justify the early release of a Member and entitle the person to a portion of an award Sickness or critical illness of the Member Death or critical illness of a member of the Mcmbcr's immediate family (spouse, parent, sibling, child or guardian) 971093 Termination of a project site if reassrsnrnent to another project is not possible If a Member leaves AmeriCorps service (or any of the reasons noted above. and h'as served at lease 15% of his/her service (or 255 hours for full-time service). the Member would be eligible for a portion of the education award corresponding to the period served Generally. the following situations would notjustify the Member receiving an award terminating to go back to school, terminating to get a job; terminating because the Member finds that he or she doesn't enjoy the work; terminating because of size -of the living allowance, or terminating to move to another part of the country While these reasons for leaving may seem justifiable to the AmenCorps tvlember, the service activity and the community will suffer Part of national service is based on a commitment to completing the job 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 Project directors are to make these determinations and indicate the reason for early termination on the End of Term of Service forms The decisions should be based on the criteria contained above. Finally, since we have already begun receiving forms for Members who have ended their service early, it is important that we have a list of all of the personnel who have the authority to certify the circumstances of a Member's departure. This is particularly important if the Member has terminated for compelling reasons and is entitled to a partial award We cannot make an award to any individual unless we have' on file the name of the official who has certified their termination on the End of Term of Service Form - If you wish to deligate this authority --which you may if you have numerous Members or local project sites --you must send a letter naming those individuals to the National Service Trust. Corporation for National Service. 1201 New York Avenue. NW, Washington, D C 20525 We would like to thank you for the outstanding effort you have shown in processing AmeriCorps Members and gearing up for their work If you have any questions relating to the education award, please call (202) 606-5000, extension 34' 971093 AMERICORPS NATIONAL & STATE July 31, 1995 GRANTS POLICY GUIDANCE #3 I TO: State Commission Directors National Direct Contacts FROM: Michael Kenefick Director of Grants and Contracts RE: Diana Rodriguez Algra Director of AmeriCorps State and National • I. ACMs Serving in the Armed Forces Reserves II. Programs with Part -Time Participants III. Special Abbreviated Service Programs IV. Voter Registration I. ACMs Serving in the 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 week -end a month plus 12 to 15 days a year (hereafter referred to as the two-week active duty service). To the extent possible, grantees should seek to minimize the disruption in ACM5' AmeriCorps service as a result of discharging responsibilities related to their reservist duties. If ACMs 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, ACMs should be granted a leave of absence for the 971093 two-week period of active duty service in the Reserves. ACMs 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 week -end service in the Reserves. Grantees should credit ACMs for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps service. The ACM 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 ACM 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. II. Programs with Pad -Time Participants Grantees can design programs that require part-time ACMs to serve more than 900 hours but less than 1700 hours. For example, grantees may design programs that require part-time ACMs to serve ,1 000 hours in order to successfully complete their term of service. CNS funds may be used to pay for 85 percent of the applicable minimum living allowance rate for service hours ranging fr.om 900 to less than 1700. In general, part-time ACMs are not eligible for health care and child care. However, part-time ACMs who are performing their service on a full-time basis (i.e. 37.5 hours or more per week) for an extended period of two months or more can receive health care benefits and, if they are eligible, receive child care as well. Upon successful completion of their term of service, part-time ACMs would receive a part-time educational award ($2,362.50). Grants Policy Guidance #3 2 July 31, 1995 971093 III. Special Abbreviated Service Programs CNS has received several requests from grantees to approve shortened (i.e. less than 900 service hours), part-time Amer!Corps programs, to he run particularly dui,iflg the summer months. Under special circumstances, grantees may, with the Corporation's prior approval, implement a shortened program for a concentrated period such as summer. These shorter programs must require ACMs to serve full- time or close to full-time for the stipulated period. In no case will the Corporation support a shortened program under which ACMs would serve just a few hours a week over an extended period without a concentrated full- time period of service. Beginning with the 1996 grant application, grantees may request such shortened programs specifically as a component of their new or renewal proposal, or submit a separate application especially for this type of shorter program. IV. Voter Registration A. Voter Registration as a Service Activity r r Grantees may not use Corporation funds to conduct voter registration drives. The Corporation does not recognize voter registration drives as an acceptable service activity for AmeriCorps members. Even non-partisan voter registration efforts are prohibited. B. Registering ACMs to Vote Grantees should encourage ACMs to register to vote by allowing them to register during their service hours. Grantees may also provide ACMs with transportation to and from the voter registration office. The time spent on registering to vote can be counted as part of the 20 percent of non -direct service hours. Grants Policy Guidance 03 3 July 31, 1995 971093 EXHIBIT C WELD COUNTY AMERICORPS REQUEST FOR PAYMENT Date: Payment Period: Name of Agency or Organization: Mailing Address: TOTAL AMOUNT OF REIMBURSEMENT REQUESTED: $ CONTRACT AMOUNT AMOUNT OF $ REQUESTED EXPENDED TO DATE REMAINING BALANCE A. MEMBER SUPPORT $67,863.00 B. OTHER MEMBER COSTS $2,240.00 C. STAFF $24,465.00 D. OPERATIONAL $4,310.00 E. INTERNAL EVALUATION $-0- F. ADMINISTRATION $5,000.00 TOTAL $103,878.00 **All costs must be supported by source documents maintained by the subgrantee. Name of Person Preparing Report Authorized Signature Fiscal 95-96/AMERICORPS/REQ FOR PAY/May 5, 1997 971093 WELD COUNTY AMERICORPS MATCH REPORT Date: Match Period: Name of Agency or Organization: Mailing Address: MATCH AMOUNT *CURRENT PERIOD REPORTED REPORTED TO DATE REMAINING BALANCE A. MEMBER SUPPORT $11,975.00 B. OTHER MEMBER COSTS $2,400.00 C. STAFF $8,121.00 D. OPERATIONAL $4,388.00 E. INTERNAL EVALUATION $-0- R ADMINISTRATION $3,000.00 TOTAL $29,884.00 *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 Fiscal 95-96/AMHRICORPS/REQ FOR PAY/May 5, 1997 971093 ops mEmoRAnDum Lett .2 j../L-;(f ttr Weld County Board of Commissioners George E. Baxter Date Walter J. Speckman, Executive Director June 5, 1997 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$103,878.00 and the period of performance is February 1, 1997 through January 28, 1998. If you have any questions, please telephone me at 353-3800 ext.. 971093 Hello