HomeMy WebLinkAbout981217.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR YOUTH CONSERVATION CORPS, AMERICORPS
PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN - LARIMER COUNTY
EMPLOYMENT AND TRAINING SERVICES
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 a Agreement for 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, and the Larimer County Employment and Training Services,
commencing June 1, 1998, and ending May 31, 1999, 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 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, and the 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 13th day of July, A.D., 1998, nunc pro tunc June 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTE _ 11i41EXCUSED
,4 77 Constance L. Harbert, Chair
Weidicounfy"Clerk to)ti e- and
, r.
r W. H. bster, ro-Tem
De'�` � �:• -�Board
org . Baxter
E O FORM:
Dale K. Hall
Co n r y EXCUSED
Barbara J. Kirkmeyer
981217
J ,_, mer HR0069
MEMORAnDUM
Weld County Board of Commissioners
woe
To Constance L Harbert Date July 8, 1998
i%COLORADO From Walter J. Speckman, Executive Director V
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 June 1,1998
through May 31, 1999.
If you have any questions, please telephone me at 353-3800.
981217
moo �9
PROGRAM YEAR: 1997
AGREEMENT
THIS AGREEMENT,made this 1'day of June, 1998,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 State Board of Community
Colleges and Occupational Education,Governor's Commission on National and Community Service,Colorado
AmeriCorps Program administering the funds;and
WHEREAS,the Governor's Commission on National and Community Service desires to distribute said
funds to L.C.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. Scope of Services. 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 June,
1998,through the end of this contract,using"Corporation Share"funding specified in the Budget
incorporated in Exhibit A.
2. Starting Date For Services. The earliest starting date for L.C.E.T.S.'s use of said services shall be June
1, 1998.
3. Obligations of L.C.E.T.S. 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$103,878.00 for the contract period,which shall be from June 1, 1998 through and
including May 31, 1999.
3.02 To make available to Provider on a reasonable basis such training or information as is
necessary and appropriate to enable it to carry out this agreement in compliance with the National and
Community Service Act regulations and other applicable State, Local and Federal laws.
3.03 To make all payments called for under this agreement within a reasonable time of receipt of
invoices. Therefore,such time shall not exceed 14 days from receipt of properly documented invoices
from the Provider.
4. Obligations of Provider.
4.01 No person with responsibilities in the operation of any program referred to in this agreement
will discriminate with respect to any program participant of any application for participation in such
program because of race,color,national origin,sex, age,religion,handicap,political affiliation or
beliefs.
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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 participants and staff person and his or her supervisor.
4.10 The Provider shall retain all records,documents and reports of the operation of programs
and expenditures of funds under this agreement for three(3)years, dating from L.C.E.T.S.'s
submission of the final financial status report tot he 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 depart or agency.
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4.13 The Provider acknowledges that funds granted under this Contract are Federal funds,and
shall notify its auditors that these funds are subject to audit procedures outlined in OMB Circular A-
133. Contractor shall include the project covered by this Contract in an annual audit report as required
by the Colorado Local Government Audit Law,C.R.S. 1973,291601,et seq,and the Single Audit Act
of 1984, Public Law 98-502,OMB Circular A-128 or OMB Circular A-133,whichever is applicable:
organizations receiving federal funds in the aggregate of more than$100,000,a program audit;
$25,000-$50,000 an audit.
5. Mutual Obligations. Both parties agree:
5.01 That in the event of any of the following occurrences,L.C.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. 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 sand 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 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 the Provider,
L.C.E.T.S may recover its costs and attorney fees in any action brought by reason of such breach.
3 981217
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 decretion.
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
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LD C•UNTY CLERK TO TH BOARD
ATTEST:
DEPUTY CLERK TO T I BOARD,_
BOARD OF COMMISSIONERS OF
LARIMER COUNTY,COLORA
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DATE: Ie a,r
APPROVED AS TO FORM:
ASSISTANT OUNTY ATTO EY
4 981211
EXHIBIT A
STATEMENT OF WORK/BUDGET
I. Statement of Work
The Colorado Youth Conservation and Service Corps(CYCSC)performs valuable community service projects that meet both
environmental and human needs for the urban and rural communities of Colorado, leaving lasting visible benefits that would
otherwise not be provided,and utilizing national service as a method of strengthening the bonds that bind communities together.
The CYCSC provides corps member development activities that enhance leadership skills,develop educational skills,strengthen
citizenship skills,and build an ethic of service in its members.
Community Service Objectives:
(Work)
1: Improve public recreation areas.
2: Clean-up distressed neighborhoods.
3: Tutor elementary school children and provide conflict resolution workshops.
(Results)
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)
1: Numbers of users of park facilities,and user surveys.
2: Surveys of neighborhood representatives.
3: Test scores and reports from teachers and school counselors.
(Standard of Success)
1: Project sponsors report a 20%increase in users of recreational areas.
2: 80%of neighborhood representatives surveyed say work made significant difference in the area.
3: 10%rise in academic scores and reported increase by teachers and counselors in dealing with conflict.
(Benefit)
1: 7,500 park users.
2: 1,000 low-income residents.
3: 300 high-risk elementary age students.
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Page l of 4
Community Building Objectives:
(Work)
1: 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.
(Results)
1: At least 100 AmeriCorps and youth corps members,and five partner agencies participate in the All-Corps Day of Service.
2: Partners will rate highly the success of their involvement with CYCSC and will request additional involvement. New
partners will join.
3: Additional volunteers will increase the importance of service in Colorado.
(Measure the quality)
1: The number of AmeriCorps and youth corps members and agencies participating.
2: Surveys from project sponsors and number of new partners.
3: Reports of number of additional volunteers.
(Standard of Success)
1: 100 AmeriCorps and youth corps members and five 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 new
partners involved in CYCSC projects.
3: 200 additional volunteers recruited.
(Benefit)
1: All members and staff from each of the two CYCSC sites, 100 other AmeriCorps and youth corps members,and 5
partnering agencies and their members.
2: At least six partnering agencies and all of the communities they serve.
3: The 200 volunteers and the projected 2,000 community members that they will impact.
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Page 2 of 4
Member Development Objectives:
(Work)
1: Pre-service Member training in First Aid,CPR,communication,team building,conflict resolution,and AIDS awareness.
2: Service Learning instruction.
3: Personal development opportunities in leadership,educational and vocational skills.
(Results)
1: Members will have increased skills in all these areas.
2: Members will have increased understanding of the learning opportunities inherent in service projects.
3: 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.
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)
1: Thirty-three Members will benefit.
2: Thirty-three Members will benefit.
3: Thirty-three Members will benefit.
Copies of any and all contracts entered into by the Contractor in order to accomplish this project shall be submitted to the Department of
Local Affairs,Community Partnership Office,Colorado AmeriCorps Program upon execution,and any and all contracts entered into by
the Contractor or any of its subcontractors shall comply with all applicable federal and Colorado state laws and shall be governed by the
laws of the State of Colorado notwithstanding provisions therein to the contrary.
The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of
Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. The Contractor is
encouraged to utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with
the non-discrimination and affirmative action requirements of the contract and applicable statutes.
931.21'7
Page 3 of 4
BUDGET NARRATIVE
A. Member Support Costs
Living Allowance: Reflects living allowance for 8 FT members at $8,340.00 per
member based on 1700 service hours.
FICA: 8 FT members at 7.65%
Worker's Compensation: 8 FT members at 9.15%
Health Care: Health insurance for all full-time members is purchased through the
National Association of Service and Conservation Corps at a rate of$700.00 per member.
Total Member Support Costs:
Corporation Share (85%) Grantee Share (15%) Subtotal
$71,003.00 $12,530.00 $83,533.00
B. Other Member Support Costs
Uniforms: Represents the cost of uniforms for all members.
Total Other Member Support Costs:
Corporation Share Grantee Share Subtotal
$1,456.00 $544.00 $2,000.00
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 Costs:
Corporation Share Grantee Share Subtotal
$24,465.00 $8,121.00 $32,586.00
D. Operational
Supplies: Office supplies and program supplies such as gloves, safety equipment,
hard hats, and educational materials.
Equipment: Tools and equipment to provide continuity and productivity to each team.
Total Operating Costs:
Corporation Share Grantee Share Subtotal
$1,954.00 $5,689.00 $7,643.00
981..21'7
E. Administration
Program: Wages and benefits of staff responsible for administrative functions
including accounting,payroll, audit and their associated overhead costs such as copying,
telephone,postage, and printing.
Corporation Share Grantee Share Subtotal
$5,000.00 $3,000.00 $8,000.00
F. Education Awards
Full-time Members: Reflects cost of 8 awards of$4,725 each.
Total Corporation Share Total Grantee Share Grand Total
$103,878.00 $29,884.00 $133,762.00
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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 AmeriCorps 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"Th 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,
in. 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 981.217
representing employees of project sponsors or representing employees in the area to be served by the
Program. This includes people engaged in the same or similar work as that proposed to be carried out by
the Program. 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. Organising protests,petitions,boycotts or strikes.
c. Assisting,promoting or deterring union organizing.
d. Impairing existing contracts for services or collective bargaining agreements.
e. Engaging in partisan political 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 501(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 initiative.
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-thons,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.
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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
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 funders on the AmeriCorps Program and its achievements. Staff can make
presentations and educate funders 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. ELIGIBILITY,RECRUITMENT,AND SF ECTION.
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 1).
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.
U. 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, 1-800-94-ACORP/1-800-942-2677(voice),or 1-800-833-3722
(WD).
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 accorda nce 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 AmeriCorps*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 981 217
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
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 Member's direct service activities. The Grantee must
ensure that each Member has sufficient opportunity to complete the required number of hours to qualify
for a post-service 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. §701 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
981.217
October, 1995
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 community. Orientation should cover Member rights and responsibilities,including the
Program's code of conduct,prohibited activities,requirements under the Drug-Free Workplace Act(41
U.S.C. §701 et seq.),suspension and termination from service,grievance procedures,sexual harassment,
other non-discrimination issues,and other topics as necessary.
d. Service-learning. The Grantee agrees to use service experiences to help Members achieve the skills
and education needed for productive,active citizenship,including the provision,if appropriate,of
structured opportunities 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 spent in education,training or other non-direct activities
without specific written permission from the Corporation.
f. Supervision. The Grantee must provide Members with adequate supervision by qualified supervisors
in accordance with the approved application. The Grantee must establish and enforce a code of conduct
for Members.
g. Performance reviews. The Grantee must conduct at least a mid-term and end-of-term written
evaluation of each Member's performance,focusing on such factors as:
i. whether the Member has completed the required number of hours;
ii. whether the Member has satisfactorily completed assignments;and
iii. whether the Member has met other performance criteria that were clearly communicated at the
beginning of the term of service.
h. Support services. The Grantee must provide specific support services to Members who are school
dropouts by assisting them in earning the equivalent of a high school diploma; and to Members who are
completing a term of service and are making the transition to other 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 a jury 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.
981217
October_ 1995
b. Service in a second term. Programs are under no obligation to enroll Members for a second term of
service.To be eligible for a second term,Members must receive a satisfactory performance review for the
first term of service. In any event,Members may receive 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
terms.
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. Any questions regarding the
Trust may be directed to(202)606-5000 ext. 347.
d. Notice to Child Care and Health Care providers. The Grantee must notify the Corporation's
designated agents immediately in writing when a Member's status changes such that it would affect
eligibility for child care or healthcare. 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 1-800-570-4543 on child
care related changes,and if using the Corporation's Allianz health care policy,should contact SRC at 1-
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:(1)for compelling personal circumstances;and(2)for cause in
accordance with 45 C.F.R.§2522.230.
a. Compelling circumstances. The Grantee is responsible for determining whether a Member's personal
circumstances are sufficiently compelling to justify release on this basis. If a Grantee releases a Member
for compelling personal circumstances,the Grantee may elect either to authorize a pro-rated 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. Any 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. Any Member whose service was suspended because of being
convicted of a first offense of possession of a controlled substance may resume service by demonstrating
that the Member has enrolled in an approved drug rehabilitation Program. A Member convicted of a 913 .217
October, 1995
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 fill-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.
iii. 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 9811217
October, 1995
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 HHS 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
unemployment compensation law does not require coverage for Members because no employer-
employee relationship exists.The Grantee cannot charge the cost of unemployment insurance taxes to
the Grant unless mandated by State law.Programs are responsible for determining what State law
requires via their State Commission,legal counsel or the applicable State agency.
AmeriCorps*National and AmeriCorps*Tribes and Territories Grantees must coordinate with their
State Commissions to determine a consistent State treatment of unemployment insurance
requirements. State Commissions must coordinate the determination of the State's legal requirements
to pay unemployment insurance for Members with the Corporation's General Counsel. The Grantee
must receive written approval from a Corporation Grants Officer before charging such expenses to
the Grant,even if they 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 payment of worker's compensation taxes
for Members. If a Program does not pay worker's compensation,the Program must obtain
Occupational Accidental Death and Dismemberment coverage for Members to cover in-service injury
or incidents.
v. Liability Insurance. Programs may need to supplement their general liability coverage for
incidents that occur while Members are performing service to cover claims such as those arising from
bodily injury,damages to property and some types of 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 during 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;
981217
October, 1995
Page 11 of 24 pages
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.
iii. Use of an existing health care policy. If a Grantee is going to use an existing health care policy
that charges more than$150 per month per Member to the Corporation,a copy of the policy along
with a summary of its coverage and costs must be sent to the Corporation's Grants Office. Grantees
with a National 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 portion of health insurance expenses for part-time Members
may be paid from Corporation funds,Programs may choose to provide health care to part-time
Members from other sources.
v. Part-time Members servings 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) for a child under the age
of 13 who resides with the Member;
(b) he or she has a family income that does not exceed the state's income eligibility guidelines
for a family of the same size. At a 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.
ii. Qualified providers. To be eligible for payment with AmeriCorps funds,a child care provider
must qualify under the Child Care and Development Block Grant Act of 1990(42 U.S.C. §
9858c(4XA))..Each State has its own criteria. Payments will not be made to ineligible providers.
iii Administration of child care payments. In general,the Corporation will provide for child ca re
payments,which will be administered through the National Association of Child Care Resource and
Referral Agencies(NACCRRA),hereafter referred to as AmeriCorps®CARE. Grantees that choose
to provide child care as a match source(as approved in their budget) may use AmeriCorps®CARE
for technical assistance. Grantee's can contact AmeriCorps®CARE at 1-800-570-4543 with
questions regarding child care.
iv. Program Director's responsibilities. In addition to determining a Member's eligibility at the start
of their term of service,Program directors are required to notify AmeriCorps®CARE immediately in
writing when:
(a) a Member is no longer eligible for child care benefits due to a change in the Member's
eligibility status(e.g.,family income exceeds the limit,the child turns 13,a full-time
Member becomes a part-time Member,or a Member leaves the Program);
(b) new or existing Members become eligible for child care benefits;
(c) a Member wishes to change child care providers or a child care provider will no longer
provide child care services;or
(d) a Member is absent from the Program for excessive periods of time(five or more days in a
month).
Costs incurred due to the Grantee's failure to keep AmeriCorps®CARE immediately informed of
October, 1995 981.217
Page 12 of 24 pages
changes in a Member's status may be charged to the Grantee's organization.
v. Part-time Members. Although no portion of child care expenses for part-time Members may be
paid from Corporation funds,Programs may choose to provide child care to part-time Members from
other sources.
vi. Part-time Members serving in a full-time capacity. Part-time Members who are serving in a full-
.time capacity for a sustained period of time(such as a full-time summer project)may be eligible for
child care benefits paid by Corporation funds,although that coverage must be approved in the Grant
or via prior written approval from the Corporation.
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 991.217
Page 13 of 24 pages
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;
iii.They are necessary and reasonable for the proper and efficient accomplishment of
Program objectives;and
iv. They are allowable under applicable cost principles.
d. 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 Program and that the
Member successfully completed the Program requirements with a minimum of 1700 hours of participation
as a full-time 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 951.217
October, 1995
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 access 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 of)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. 981,21'?
October, 1995 •
C. GENERAL PROVISIONS
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 guidelines. The Grantee agrees to operate the funded Program in accordance with
the approved Grant application and budget,supporting documents,and other representations made in support of the approved
Grant application.
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
reference=
a. States,Indian tribes,U.S.Territories,and local governments. The following circulars and their implementing
regulations apply to states,Indian tribes,U.S.territories,and local governments:
i. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments-- 45 C.F.R 2541.
ii. OMB Circular A-87,Cost Principles for State and Local Governments.
iii. OMB Circular A-128,Audits of States and Local Governments.
b. Nonprofit organizations. The following circulars and their implementing regulations apply to nonprofit
organrrntions:
i. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Nonprofit Organizations--45 C.F.R.Part 2543.
ii. OMB 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 institutions. The following circulars and their implementing regulations apply to educational
institutions:
i. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Nonprofit Organizations--45 C.F.R Part 2543.
ii. OMB Circular A-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 Corporation grant funds. It must expend
grant funds in a judicious and reasonable manner. Although Grantees are encouraged to seek the advice and opinion
of the Corporation on special problems that may arise,such advice does not diminish the Grantee's responsibility for
making sound judgments and does not mean that the responsibility for operating decisions has shifted to the
Corporation.
b. Notice to Corporation. The Grantee will notify the appropriate Corporation's Program or Grants Officer immediately
of any developments or delays that have a significant impact on funded activities,any significant problems relating to the
administrative or financial aspects of the Grant,or any suspected misconduct or nonfeasance related to the Grant or
991.217
October, 1995
Page 16 of 24 pages
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 practices,
sufficient internal controls,a clear audit trail and written cost allocation procedures as necessary. Financial management
systems must be capable of distinguishing expenditures attributable to this Grant from expenditures not attributable to this
Grant This system must be able to identify costs by programmatic year and by budget line item,and to differentiate
between direct and indirect costs or administrative costs. For further details about the Grantee's financial management
responsibilities,refer to OMB Circulars A-102(for State and Local Governments)and A-110(for Institutions of Higher
Education and Non-Profit Organizations).
b. Source documentation.The Grantee must maintain adequate supporting documents for every expenditure(Federal and
non-Federal)and in-kind contributions made under this Grant. Costs must be shown in books or record[e.g.,a
disbursement ledger or journal],and must be supported by a source document,such as a receipt,travel voucher,invoice,
bill,affidavit,in-kind voucher,or similar document
c. Time and attendance records.
i_ Staff. Salaries and wages charged directly to this Grant or charged to matching funds must be supported by
signed time and attendance records for each individual employee regardless of position,and by documented payrolls
approved by a responsible official of the Grantee. Salaries and wages chargeable between this Grant and other
programs or functions of the Grantee organiv3tion must be supported by individual time distribution records.
ii. AmeriCorps Members. The Grantee must keep time and attendance records on all AmeriCorps Members in
order to document their eligibility for in-service and post-service benefits. Time and attendance records must be
signed both by the Member and by an individual with oversight responsibilities for the Member.
d. Audits. 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 Local 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 management requirements.
Copies of all audits must be forwarded to the Corporation's Office of the Inspector General and the Grants Office. The
Grantee must cooperate with the cognizant agency and the Corporation in implementing recommended financial
management changes. For further details about the Grantee's audit obligations,refer to OMB Circulars A-133,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 administrative costs related to the organization and costs directly related to
the Program if they are included in the budget and approved by the Corporation. Administrative costs include:
i. indirect costs(e.g.costs identified with the program's overall operation as described in the applicable provisions
of the OMB circulars);
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 9Si.217
Page 17 of 24 pages
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;
ii. costs for staff who recruit,train,place or supervise Members,including staff salaries,benefits,training and
travel,if the purpose is for a specific Program or project objective;
iii. costs for independent evaluations and any internal evaluations of the Program or project that are related
specifically to creative methods of quality improvement;
iv. costs 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 AmeriCorps 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 administrative
costs,including any indirect costs.
d. Effective Date. This clause applies to FY95 Programs,and may,at the discretion of the Grantee,apply to prior year
Programs.
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$5,000(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 reserves the
right to transfer title to the Federal government or to a third party named by the Corporation upon completion of the
Corporation Grant. The Corporation will issue disposition instructions within 120 calendar days after the end of the
Corporation support of the project for which it was acquired. If the Corporation does not act within this timeframe,title
vests with the Grantee.
e. Conditions of use. The Grantee will use the equipment in the Program for as long as it is needed,whether or not the
Program continues to be supported with Federal funds. If multiple uses will not interfere with Program needs,the Grantee
will make the equipment available for use in other activities supported by the Corporation,or by other Federal agencies.
When no longer needed for the Program,the Grantee may use the equipment in connection with other activities sponsored
by the Corporation,or if inapplicable,with other Federally-sponsored activities.
f. Encumbrances. The Grantee must not encumber the equipment without prior written approval of the Corporation.
981.21'7
October, 1995
Page 18 of 24 pages
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.
IL Inventory controls. Equipment with a unit acquisition cost of$5,000 or more is subject to reasonable property
management standards and inventory controls in accordance with OMB Circulars A-110 and A-102,including:
i. adequate maintenance procedures and loss safeguards;
ii. physical inventories conducted at least once every two years;
iii. maintenance of equipment records that include:
(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 may.retain:the equipment for use.in non-Federally-sponsored activities,provided that compensation is made to
the Corporation as specified in OMB circulars A-110 and A-102. If the Grantee has no need for the equipment,it will
request disposition instructions from the Corporation. Equipment with a fair market value of less than$5,000 at the end of
the project may be retained,sold or disposed of without further obligation to the Corporation,subject to the conditions of
Section 25d of this provision.
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,Corporation funds may be used to pay actual travel
costs up to$500 per AmeriCorps Member selected from the National Referral System who must relocate in order to join the
Program.
27. 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.
b. Fees for service. When using assistance under this Grant,the Grantee may not enter into a contract for or accept fees
for service performed by Members when:
i. the service benefits a for-profit entity;
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 funds,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 payments requested by the Grantee must be based on actual
and immediate cash needs in order to minimi7P Federal cash on hand in accordance with policies established by the
U.S.Department of the Treasury in 31 C.F.R.Part 205. Recipients and sub-recipients will be authorized to submit
requests for advances and reimbursements at least monthly when electronic fund transfers are not used.
c. Discontinuing advance payments. If a Grantee does not establish procedures to minimi7P the time elapsing
between the receipt of the cash advance and its disbursement,the Corporation may,after providing due notice to the
Grantee,discontinue the advance payment method and allow payments in advance only by individual request and
approval or by reimbursement
981217
October,1995
Page 19 of 24 pages
d. Interest-bearing accounts. The Grantee must deposit advance funds received from the Corporation in Federally-
insured,interest-bearing accounts. The exceptions to this requirement follow:
i. Institutions of higher education and other non-profit organizations. If a Grantee is covered by OMB Circular A-
110,it must maintain advance funds in interest-bearing accounts unless:
(a) it receives less than$120,000 in Federal funds per year,
(b) the best reasonably available account would not be expected to earn interest in excess of$250 per year on
Federal cash balances;or
(c) the required minimum balance is so high that it would not be feasible within expected Federal and non-
Federal cash resources.
Earned interest must be remitted annually to HHS-PMS,Rockville,MD 20852. Grantees may keep up to$250 of
interest per year to offset administrative expenses.
ii. State and local governments. All Grantees and sub-Grantees covered by 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 make available all financial_records,supporting documentation,statistical records,evaluation data,
- Member information and personnel records for 3 years from the date of the final submission of the final Financial Status Report
(form SF269A). If an audit is started prior to the expiration of the 3 year period,the records must be retained until the audit
findings involving the records have been resolved and final action taken.
30. SITE VISITS.
The CPO,Commission and Corporation reserves the right and may make every effort to make site visits to review and evaluate
Grantee records,accomplishments,organizational procedures and financial control systems;to conduct interviews;and to
provide technical assistance as necessary. These will be coordinated with,and in most cases organized by,State Commissions
for AmeriCorps*State programs,parent organizations for AmeriCorps*National project sites,and Program Officers for
AmeriCorps•Tribes and Territories Programs. Site visits will be made in the least disruptive manner possible.
31. LIABILITY AND SAFETY ISSUES.
a. Liability coverage. The Grantee must have adequate liability coverage for the organizfation,employees and
Members,including coverage of Members engaged in on-and off-site project activities.
b. Member safety. The Grantee must institute safeguards as necessary and appropriate to ensure the safety of
Members. Members may not participate in projects that pose undue safety risks. Public safety Programs and other
Programs posing a significant risk to Members must adhere to applicable Provisions of the safety protocol issued by
the Corporation and found in the 1995 Program 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 et seq.,
implementing regulations,45 C.F.R Part 2542,and the Grantee's certification,the Grantee must publish a
statement notifying employees and Members that:
i. the unlawful manufacture,distribution,dispensation,possession or use of a controlled substance is
prohibited in the Grantee's workplace and Program;
u. conviction of any criminal drug statute must be reported immediately to the Grantee;
iii. that the employee's employment or Member's participation is conditioned upon compliance with the notice
requirements;and
iv. certain actions will be taken against employees and Members for violations of such prohibitions.
981217
October, 1995
Page 20 of 24 pages
b. Criminal drug convictions. The Grantee's employees and Members must notify the CPO in writing of any criminal
drug convictions for a violation occurring in the workplace or during the performance of project activities no later than 5
days after such conviction. The CPO and Grantee must notify the Corporation within 10 days of receiving notice of such
conviction. The Grantee must take appropriate action against such employee or Member up to and including termination
or Member release for cause consistent with the Corporation's rules on termination and suspension of service,or require
the employee or Member to satisfactorily participate in an approved drug abuse assistance or rehabilitation Program.
c. Drug-Free awareness Program. The Grantee must establish a drug-free awareness Program to inform employees and
Members about the dangers of drug abuse in the workplace,the Grantee's policy of maintaining a Drug-Free workplace,
any available drug counseling,rehabilitation,and employee assistance and Member support services,and the penalties that
may be imposed for drug abuse violations.
d. Grantee non-compliance. The Grantee is subject to suspension,termination or debarment proceedings for failure to
comply with the Drug-Free Workplace Act.
e. Non-discrimination and confidentiality laws. In implementing the Drug-Free Workplace Act,the Grantee must
adhere to Federal laws and its Grant assurances related to alcohol and substance abuse non-discrimination and
confidentiality.
33. NON-DISCRIMINATION.
a. Discrimination prohibited.The Grantee may not unlawfully discriminate against any Member,Program staff,or
service recipient on the basis of race,color,national origin,sex,age,political affiliation or disability(for otherwise
qualified individuals with disabilities). The Grantee may not unlawfully discriminate on the basis of religion against any
Member,service recipient or Program staff who are 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 with all Federal statutes
relating to non-discrimination to the extent applicable,including,but not limited to titles VI and VIII of the Civil Rights
Act of 1964(42 U.S.C. §§2000d and 3601 et seq.),section 504 of the Rehabilitation Act of 1973 as amended(29 U.S.C.
§794),the Age Discrimination Act of 1975 as amended(42 U.S.C. §6101 et seq.),the Drug Abuse Office and Treatment
Act of 1972(P.L.92-255)as amended,the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and
Rehabilitation Act of 1970(P.L.91-616),as amended,the Public Health Service Act of 1912 as amended(42 U.S.C.
290dd-3 and 290ee-3),and the requirements of any other non-discrimination provision in the National and Community
Service Act of 1990,(42 U.S.C. § 12635)or any other applicable non-discrimination provision.
34. SUPPLEMENTATION,NON-DUPLICATION AND NON-DISPLACEMENT.
a. Supplementation. Grant funds may not be used to replace State or local public funds that had been used to support
Programs or projects of the type eligible to receive Corporation Grant funds. For any given Program,this condition
will be satisfied if the aggregate non-Federal public expenditure for that Program or project in the fiscal year that
support is to be provided is not less than the previous fiscal year.
b. Non-duplication. Grant funds may not be used to duplicate services that are available in the locality of a Program or
project. The Grantee may not conduct activities that are the same or substantially equivalent to activities provided by
a State or local government agency in which the grantee entity resides.
c. Non-displacement.
i. Prohibition on displacing an employee or a position. The Grantee may not displace an employee or position,
991217
October, 1995
Psiae?I of 94 nw ec
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 organi7stions 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.
u. 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,110
991217
October, 1995
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 grievance to
binding arbitration before a qualified arbitrator who is jointly selected and who is independent of the interested
parties. If the parties cannot agree on an arbitrator,within 15 calendar days after receiving a request from one of the
parties,the Corporation will appoint an arbitrator from a list of qualified arbitrators.
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.
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 prevailing party incurred in
connection with the ADR proceeding.
iv. Effect of noncompliance with arbitration_ Pursuant to 42 U.S.C. §12636(f)(7),a suit to enforce an arbitration
award may be brought in any Federal district court having jurisdiction over the parties without regard to the amount in
controversy or citizenship.
f. Suspension of placement If a grievance is filed regarding a proposed placement of a Member in a Program or
project,such a placement must not be made unless the placement is consistent with the resolution of the grievance.
g. Remedies. Remedies for a grievance filed under a procedure established by the Grantee may include:
i. Prohibition of a placement of a Member;and
ii. In grievance cases where there is a violation of non-duplication or non-displacement requirements and the
employer of the displaced employee is the Grantee:
(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 specified,the Grantee owns and may copyright any work that is subject to copyright,
including software designs,training manuals,curricula,videotapes and other products produced under the Grant However,the
Grantee may not sell any work which includes an AmeriCorps logo without prior Corporation written approval.
b. Corporation use. The Corporation retains royalty-free,non-exclusive,and irrevocable licenses to obtain,use,
reproduce,publish or disseminate products,including data,produced under the Grant and to authorize others to do so. The
Corporation may distribute such products through a designated clearinghouse.
c. Sharing Grant products. To the extent practical,the Grantee agrees to make products produced under the Grant
available at the cost of reproduction to others in the field.
37. PUBLICATIONS.
a. Acknowledgment of support Publications created by Members may include an AmeriCorps logo if they are consistent
with the purposes of the Grant The Grantee is responsible for assuring that the following acknowledgment and disclaimer
appears in any external report or publication of material based upon work supported by this Grant.
"This material is based upon work supported by the Corporation for National Service under AmeriCorps Grant Na
. 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 951.217
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. 1,2 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(1)Cooperative Agreement Award,(2)the AmeriCorps Special Provisions,(3)the General Provisions,
(4)Grants Policy Guidances,and(5)the approved Grant Application.
99121'7
October, 1995
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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 jury'is an important responsi-
bility bility of citizenship. Accordingly,ACMs should be encouraged to serve jury duty an
should not be-penalized for doing so.
Impact on Benefits
During the time ACMs serve as'jurors, 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.
►9' .21'7 May 8. 1995
1
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-
ployce; 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 them to vote in
person.
991.21'7
May 8. 1995
2
III. Family and Medical Leave Policy
Background
A number of AmeriCorps 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
e
days) and consistent with CNS philosophy attempts to balance program flexibility with
grants management practices.
-AcceP table reasons for leave may indude but are not limited to the following:
• the birth of child;
• 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 requir-
ing in-patient care or continuing treatment by a health care provider.
The law authorizing CNS stipulates that 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§ 2546.220.)
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.'
991..21'7 May 8. 1995
3
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
disruption 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 ifejoinin g 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 grid of the leave,FMLA allows grantees 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 ACMs,CNS recommends that grantees not adopt this recovery policy.
ACMs may elect to continue receiving health care through the plan's 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. ACMs 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. 9S1211 1.217 May 8. 1995
4
B. ACMs Covered by FMLA
Policy
The aforementioned policy covering ACMs who have served less than 12 months
and 1,2.50 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 1 with the FMLA. They may take up to 12 weeks of unpaid leave during
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.
V31.217 May 8. 1995
5
AmERIcoRps 71:4••
NATIONAL
& STATE ..
1u1: 26. 199
GRANTS POLICY GUIDANCE # 2 -1
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 Inc9mli1ete 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 991217
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-instigatred catastrophes_
Current Requirements on Hours & Successful Completion ct P:o: ram
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 1,800 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
Current Policy — Release from Term of Service for Compelling Personal
Circumstances
Consistent with the attached Diana Algra/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 9S1217
resources to support the additional ACMs. An ACM may also complete the
term of service at another site if both sites approve. If 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. It 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 Policy -- 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 he
made up by the ACM on the honor system through future volunteer work.
Grantees may determine that full-time ACMs who fall 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 Av
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 from 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,
granges 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 Personal 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 2: 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 OFYOUR
GRANT AWARD. PLEASE MAKE A COPY OF THIS POLICY AND RETAIN
IT WITH YOUR GRANT AWARD RECORDS.
/Enclosure
991217
MEMORANDUM
TO Commission and Project Directors
FROM Diana algra, 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 Nilember 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.
i
An individual who is released from a term of service for
compelling personal cirscumstances, in -accordance with
-§ 2522. 230( a) of this chapter, is eligible to receive a pro-
rated education or Stafford loan forgiveness award . . .
(45 COFR Part 2526.30)
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 arc 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 Member's
immediate family (spouse. parent. sibling, child. or
guardian) 981217
Termination of a project site if reassr2nrrrcnt to another
project is not possible
If a Member leaves AmeriCorps service for any of the reasons noted
above. and Was served at lease 159c of his/her service ( or 255
hours for full-time service), the Member would be clrerble for a
portion of the education award corresponding to the period served
Generally. the following situations would no t justify 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 AmeriCorps Member, 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 arc 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.
' r
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 terminatio'u on the End of
Term of Service Form
If you wish to deligate this authority--which yo.0 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 347
981.217
, ..
AmERic :g., Rps A
. NATIONAL & STATE
July 31, 1995
GRANTS POLICY GUIDANCE #3
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: I. ACMs Serving in the Armed Forces Reserves
- II. Programs with Part-Time Partidpants
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 ACMs' 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 9S1217
instances where the dates of active duty are inflexible and conflict with
Amen Corns service. ACMs should be granted a leave of absence for the
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 AGMs 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.
Grantee 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 Part-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 from 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).
991.217
III. Special Abbreviated Service Programs
CNS has received several requests from grantees to approve shortened
(i.e. less than 900 service hours), part-time AmeriCorps programs, to be run
particularly duriing 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 `
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.
991217
EXHIBIT C
WELD COUNTY AMERICORPS
REQUEST FOR PAYMENT
Date: Payment Period:
Name of Agency or Organization:
Mailing Address:
TOTAL AMOUNT OF REIMBURSEMENT REQUESTED: $
MATCH *CURRENT REPORTED REMAINING
REPORT PERIOD TO DATE BALANCE
REPORTED
A. MEMBER SUPPORT $71,003.00
B. OTHER MEMBER COSTS $1,456.00
C. STAFF $24,465.00
D. OPERATIONAL $1,954.00
E. INTERNAL EVALUATION $0.00
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
931217
WELD COUNTY AMERICORPS
MATCH REPORT
Date: Match Period:
Name of Agency or Organization:
Mailing Address:
MATCH *CURRENT REPORTED REMAINING
AMOUNT PERIOD TO DATE BALANCE
REPORTED
A. MEMBER SUPPORT $12,530.00
B. OTHER MEMBER COSTS $544.00
C. STAFF $8,121.00
D. OPERATIONAL $5,689.00
E. INTERNAL EVALUATION $0.00
F. 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
991.217
Hello