HomeMy WebLinkAbout20250116.tiffResolution
Approve Acceptance of Change Order #1 to Purchase Order for AmeriCorps
Planning Grant Funds and authorize Department of Human Services to disburse
funds
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 Change Order #1 to the Purchase Order
for AmeriCorps Planning Grant Funds 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, Weld County Youth Conservation Corp (WCYCC) and
the Colorado Commission on Community Service, commencing May 20, 2024, and
ending May 19, 2025, with further terms and conditions being as stated in said change
order, and
Whereas, after review, the Board deems it advisable to approve and accept said change,
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 Change Order #1 to the Purchase Order for AmeriCorps Planning
Grant Funds 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, Weld County Youth Conservation Corp (WCYCC) and the Colorado
Commission on Community Service, be, and hereby is, approved and accepted.
Be it further resolved by the Board that the Department of Human Services, be, and
hereby is, authorized to disburse said funds.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 8th day of January, A.D., 2025, nunc pro tunc May 20, 2024:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc: Hst),, AcT(cP/cD)
0 t/29/2S
2025-0116
HR0097
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Serve Colorado AmeriCorps Program and Planning Grant Purchase Order
DEPARTMENT: Human Services DATE: December 17, 2024
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: On September 11, 2023, the Department submitted the
AmeriCorps Planning Grant Application, known as Tyler ID# 2023-2583, for the purpose of requesting
funds to be used for the Weld County Youth Conservation Corps (WCYCC) Water and Energy Crew to
provide water and energy saving measures to the residents of Weld County. As a result of the
application the Department received $82,260.00 in funds per the Purchase Order
POGGI,EBBA,202400003713, issued from the State of Colorado Commission on Community Service.
On July 1, 2024 the Board approved a request to disburse the funds from this Grant, referenced as
Tyler ID# 2024-1744.
The Department is now requesting approval to process a second Purchase Order
POGG1,EBBA,202400003713. This Purchase Order will extend the term through May 19, 2025.
There is no signature required on this Purchase Order.
What options exist for the Board?
Approval of the Serve Colorado AmeriCorps Program and Planning Grant Purchase Order.
Deny approval of Serve Colorado AmeriCorps Program and Planning Grant Purchase Order.
Consequences: The term of this Grant will end on December 31, 2024.
Impacts: Weld County AmeriCorps will not be able to assist with water and energy saving
measures for Weld County residents after December 31, 2024.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Total Grant Amount = $82,260.00 (No additional funding with this Purchase Order).
Funded through FY 2022 AmeriCorps State and National Grants.
Recommendation:
• Approval of the Purchase Order. No signature is required.
Pass -Around Memorandum: December 17, 2024 - CMS ID 8948
2025-0116
1/$ 1200q1
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
Arri
5.(2
Pass -Around Memorandum: December 17, 2024 - CMS ID 8948
STATE OF COLORADO
Office of the Governor
Commission on Community Service
Page 1 of 1
RDER *****IMPORTANT*****
Number: POGGI,EBBA,202400003713
Date: 12/6/24
Description:
AmeriCorps Formula Planning Grant - UEI
MKKXT9U9MTV5
Effective Date: 05/20/24
Ex iration Date: 05/19/25
The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.
3ILL TO
COLORADO STATE CAPITOL
200 E. COLFAX AVE. #136
DENVER, CO 80203
13U1'1.1Z ,,IIII' I()
Buyer:
Email:
ENDOR
WELD COUNTY
1150 O St
PO Box 758
Greeley, CO 80632-0758
Contact: Kevin Ross
Phone: 970-400-6763
VENDOR INSTRUCTIONS
XTENDED DESCRIPTION
COLORADO STATE CAPITOL
136 State Capitol
DENVER, CO 80203
HIPPING INSTRUCTIONS
Delivery/Install Date:
FOB:
Exhibit A, Statement of Work, Exhibit B, Budget, Exhibit C, Grantee's Application, Exhibit D, 2023 AmeriCorps
General Terms and Conditions, and Exhibit E, AmeriCorps Program Specific Terms and Conditions are attached
hereto and incorporated by reference herein.
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
0 0.00 S82.260.00
Description: Grant Commodity
Service From: 05/20/24
Service To: 05/19/25
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
REASON FOR MODIFICATION
Change Order Number: 1
Extend period of performance through 5/19/25
DOCUMENT TOTAL = $82.260.00
Exhibit A
Statement of Work
1. GENERAL REQUIREMENTS
A. Project Description and Service Areas: As stated in Exhibit C - Executive Summary
i. Member Service Years (MSY): Not to exceed 0 MSY
ii. Programmatic Changes
a. The Grantee must obtain prior written approval before making any of the
following changes
1. Changes in the scope, objectives, or goals of the program;
2. Entering into subawards or contracts for activities funded by the award
if not included in the approved project .
b. Requests to make Programmatic Changes must be submitted at least 30
calendar days before implementation.
iii. Compliance, Fiscal and Operational Changes
a. The Grantee must obtain prior written approval before making any of the
following changes
1. Budget Modification when:
i. Purchases of equipment over $5,000 per unit.
ii. The need to change the cumulative or aggregate budget line
items to ten percent or more on the AmeriCorps or the Grantee
share side of the most recently approved budget.
iii. There is a need to add cost to the existing approved budget
when the budget line item does not exist.
b. The Grantee will notify Serve Colorado immediately if the Grantee suspects any
instance of Fraud, Waste, or Abuse.
B. Grantee's Obligations:
i. The completion of an assessment that determines the feasibility of an AmeriCorps
program for identify targeted populations.
ii. The creation of a high quality operational application to compete in the 2024-2025
competitive funding competition, if the planning grantee decides to move forward with
a full operational application.
iii. Identification and Hiring/Delegation of Duties for key AmeriCorps program staff:
a. The Grantee will be responsible for the successful hiring or the delegation of
current staff that will support the development and implementation of:
1. A logic model (if applicable), program narrative, and performance
measurements for the proposed AmeriCorps program that includes the
prioritization of community needs, the target populations, inputs,
outputs, and short-term and long-term outcomes.
2. Identifying and summarizing the evidence -based methodology and
state -informed data supporting the proposed program's approach.
3. An itemized budget that reflects the reasonable and justifiable expenses
for inputs (direct and indirect) that are required to support the operating
costs for an operational AmeriCorps program.
4. The development and creation of an application for an Operational
AmeriCorps program to be partially funded by AmeriCorps — from a
non-AmeriCorps supported source for time spent.
5. The defined AmeriCorps program staff roles that will manage:
i. The grant and fiscal aspects of the operational program
ii. Guide and Support the AmeriCorps member experience, site
location development, and AmeriCorps member supervision,
including support for life after AmeriCorps
Exhibit A - Statement of Work
iii. Recruitment and Marketing of AmeriCorps members and
partnership and resource development.
iv. Training and Preparation of AmeriCorps staff:
a. The Grantee will be responsible for ensuring that the Serve Colorado advised
appropriated lead planning staff and onboarding core operational staff shall
complete and attend at a minimum:
1. AmeriCorps Federal Agency Trainings that includes:
i. Due Diligence Review Process and Compliance
ii. Key Concepts of Financial Grants Management
iii. National Service Criminal History Check
iv. Ensuring Correct and Supported Salary Allocation
v. Fraud Awareness
vi. AmeriCorps National Performance Measurement Core
Curriculum
2. Attendance in -person to the AmeriCorps Service Commission —
National Service Training in 2024.
3. Attendance to all required training assigned by Serve Colorado staff.
v. Development of AmeriCorps programmatic policies and procedures identified by Serve
Colorado.
a. The Grantee will be responsible for submitting a draft version of all
programmatic policies and procedures to be reviewed and approved by Serve
Colorado personnel.
vi. Development of AmeriCorps financial management and internal control policies and
procedures identified by Serve Colorado.
a. The Grantee will be responsible for submitting a draft version of all policies
and procedures for review and approval by Serve Colorado personnel.
vii. Attendance and completion of Serve Colorado's required training and travel grant -
related activities by identified deadlines.
viii. Attendance of Monthly meeting:
a. The Grantee will be responsible for at least monthly meeting with Serve
Colorado's programmatic or the compliance, finance and operation teams to
review monthly progress towards completion of grant -related activities.
ix. Recruitment and Marketing of AmeriCorps members:
a. The Grantee will be responsible for the development of a recruitment and
marketing strategy for AmeriCorps members that are focused on recruitment
within the identified location of services and that is representative of the
community that will be receiving services in addition to the recruitment
strategies from non -local areas.
b. Must include a recruitment approach that promotes opportunities for
participation in national service for individuals non-traditionally recruited
within AmeriCorps programs.
Development of a robust AmeriCorps member experience that should include
components that:
a. Supports with affordable housing, transportation, mental and health cost
affordability
b. Add to the individual professional development through direct or indirect
development of skills or certificating
c. Supports that assist with long-term employment outcomes and transition out of
National Service.
d. Training on the utilization of the Segal Education Award.
xi. Procurement of Materials and Supplies: The Grantee is responsible for securing
supplies and materials needed for operational programming during this planning period,
Exhibit A - Statement of Work
2
with the exception of AmeriCorps gear. Purchases related directly to AmeriCorps
members are contingent on Serve Colorado's or AmeriCorps HQ approval of an
operational AmeriCorps award.
xii. Service Site Development and Identification: Grantee shall select and train all
host/service sites, including any sites used for Independent Service Hours.
a. This section refers to Host Sites as a group or organization that acts as a project
sponsor and is responsible for the actual location where a project is to be
performed.
b. Host/service site training topics shall cover at least: AmeriCorps policies and
procedures, prohibited activities, unallowable activities, and roles and
responsibilities.
xiii. National Service Criminal History Checks (NSCHC): The receipt is required to
designate one staff to complete the NSCHC training reference in B (iii) of this contract.
xiv. Proper use of the AmeriCorps Logo:
All Grantees must identify their planning programs through the use of prominent visual
representations that include:
• Logos; insignias written acknowledgements,
• Publications and other written materials;
Without exception, all visual representations must follow current AmeriCorps and Serve
Colorado branding guidelines, which include proper logo use and cobranding requirements.
a. Electronic Representation: All Grantee websites and social media communications must
clearly state that they are an AmeriCorps funded by a subaward from Serve Colorado
and AmeriCorps, the federal agency, and will, without exception, prominently display
the AmeriCorps Colorado and Serve Colorado logo
b. An acknowledgment and disclaimer shall be displayed on all reports and other
published materials based upon work supported by the award. The acknowledgement
and disclaimer may contain language the same as or similar to:
This material is based upon work supported by AmeriCorps, the federal
agency, and Serve Colorado under Grant No(s) [J. Opinions or points of view
expressed in this document are those of the authors and do not necessarily
reflect the official position of or a position endorsed by, AmeriCorps or Serve
Colorado."
C. PERFORMANCE FAILURE: Failure to reach any obligation as stated in this agreement may
impact future funding decisions.
2. DELIVERABLES
The Grantee must complete all work by the Expiration Date set forth on the cover page of this
Agreement.
3. PERSONNEL
Grantee performance hereunder shall be under the direct supervision of the individuals listed below,
who are hereby designated as the responsible administrators for each defined area of work
(programmatic/fiscal)
A. Grantee Principle Administrator:
i. Kevin D. Ross
Weld County Government
BOCC-Contracts@co.weld.co.us
B. Grantee Program Administrator:
Karina Amaya-Ragland
kamaya(lbweld.gov
C. Grantee Fiscal Administrator:
Exhibit A - Statement of Work
3
See Grantee Program Administrator
D. State Personnel:
i. Principle Administrator:
a. John Kelly, Executive Director, Serve Colorado
b. Email: John.D.Kelly@state.co.us
ii. Programmatic:
a. Paul Brown, Deputy Director and Director of Programs, Serve Colorado.
Email: Paul.Brown(custate.co.us
iii. Fiscal:
Cheryl Secorski, Financial Officer, Governor's Office
Email: cheryl.secorski@state.co.us
E. Replacement: This section refers to all Grantee Administers as listed in § 3(B) or 3(C) of this
Exhibit.
i. Cease to Serve: If any Grantee Administrator ceases to serve, Grantee shall
immediately (within three business days) notify the State of such event in writing. Any
time its Administers cease to serve, the State, in its sole discretion, may direct Grantee
to suspend work on this Agreement until their replacements are approved.
ii. Position Replacement: If Grantee wishes to replace any of its Administrators, it shall
notify Serve Colorado within seven business days including the name, email and
telephone number and start date of the new administrator identified.
4. FUNDING
The Small Dollar Grant Award Amount to be provided by the State is set forth on the face of the Small
Dollar Grant Award.
A. Sources of Funds: Funds for this award come from AmeriCorps, the federal agency, and are
pass -through Serve Colorado, the prime grantee from award 21AFDC001, and match funds
from contributing sources of the Grantee as outlined within the budget for this work. The
Grantee shall provide and report all funding necessary to complete the Work described in this
Agreement.
i. Budget(s): See Exhibit B
B. Pre -Award Costs: Grantee may begin incurring pre -award costs (to the extent that the costs are
allowable) prior to the execution date of this Agreement. If Grantee elects to utilize this clause,
they are doing so at their own risk. The State and AmeriCorps are under no obligation to
reimburse Grantee for these costs if funds are not awarded to either Grantee or the State.
i. Pre -Award Costs are not eligible to be used on Living Allowances, or collection of
subgrantee's indirect costs. Costs may only be incurred prior to the execution of this
Agreement to the extent that they are necessary for efficient and timely performance to
complete the Work as described in this Agreement.
ii. Pre -Award Costs do not increase Grantee's anticipated award. The award amount
remains the same however the length of time to spend funds increases.
iii. Pre -Award Costs must be incurred by the earlier of 90 calendar days prior to the
execution of this contract or the date allowable by AmeriCorps in order to be
reimbursed. Costs incurred outside of the dates stated above will not be eligible for
reimbursement.
C. Budget Modification Requiring Approval: The State on behalf of the Grantee must obtain the
prior written approval of AmeriCorps' Office of Grant Administration before deviating from the
approved budget in any of the following ways:
Exhibit A - Statement of Work
4
i. Specific costs requiring prior approval before incurrence are defined under 2 CFR Parts
200 and 2205.
ii. Unless specified and approved in the original application and budget, purchases of
equipment over $5,000 using grant funds
iii. Changes to cumulative and/or aggregate budget line items that amount to 10 percent or
more of the total budget must be approved in writing in advance. The total budget
includes both the AmeriCorps and Grantee Share.
iv. Budget line items not previously included in this Agreement after contract execution
must be approved in writing in advance by the State through OnCorps Reporting.
D. Matching: Serve Colorado requires all Grantees to invest capital to support their AmeriCorps
project as outlined by AmeriCorps match requirement schedules. The budgetary match for this
award may include the following:
i. Cash, In -Kind Contribution, if appropriately documented, Private Funds, Fundraising as
defined by AmeriCorps 2023 Terms and Conditions, Public Funds, if approved by the
awarding agency.
ii. Budgeted Match amounts in excess of Regulatory Match must be provided.
iii. Reduction of award may occur should the required Budgeted Match Level by the
Grantee is not secured or reached.
E. Use of Funds:
i. Budget(s): See Exhibit B
ii. AmeriCorps Terms and Conditions: See Exhibit (D and E)
iii. Budget Modification: Reference A (ii) of Statement of Work.
iv. All funds must be obligated to incur expenditures within the period of work set forth
within this agreement. No request for extension of activities or use of funds beyond the
end date of this agreement will be allowed.
v. May not be used to pay for penalties, state or federal violations that may occur during
implementation of grant -related activities.
F. Payments & Reporting: This award is provided on an accrual basis, with funding available
only after the Grantee incurs expenditures. Payment to the Grantee will occur within 30 days
upon receipt of a complete and error -free To receive reimbursement for expenses, the Grantee
shall, without exception:
i. Submit a request for reimbursement via Period Expense Report (PERs) in the
Commission -approved system by the tenth —day of each month.
ii. Notification of late submission of a Grantee Period Expense Report (PERs) is required
by the seventh day of each month and should occur only in limited, unforeseeable
circumstance.
iii. With the request of reimbursement Grantee must also include:
A general ledger or a profit and loss statement that includes all itemized
incurred expenses of actual after the fact expenses related to the Work as that
demonstrates reasonable and justifiable application of cost -allocation principles
between the AmeriCorps and Match share of funds.
b. Receipts of expenditures associated with the grant -related activities that are
detailed and specific manner.
c. Inclusive of all verification documentation of match funds that were used
towards program expenditures for the period of expense.
Exhibit A - Statement of Work
5
d. Period of Expense narrative summary of completed activities.
e. Payments of actual after the fact expenses related to the Work as described here
within.
5. ADMINISTRATIVE REQUIREMENTS
A. Accounting: At all times from the Effective Date of this Agreement until completion of the
Work, Grantee shall maintain properly segregated books of AmeriCorps, all matching funds,
associated with the Work.
B. Monitoring: Grantees will receive a modified version of monitoring activities to adhere to
AmeriCorps and Colorado state requirements.
i. Such activities may include by are not limited to:
a. Monthly Technical Training and Assistance calls with Serve Colorado staff to
detect, advice and support areas of development for improvement, which may
include written action plans with completion deadlines.
b. Monthly period expense report reviews to support compliance related
accounting, and recordkeeping practices.
ii. Maintenance: Grantee shall maintain a complete file of all records, which pertain in any
manner to the operation of activities undertaken pursuant to this Agreement. All
Grantee records associated with this Grant Agreement be maintained in accordance
with §7 of the Small Dollar Grant Award Terms and Conditions.
Exhibit A - Statement of Work
6
On Corps
Reports -
On task. On time. Online.
Current Year Budget
Program Name Weld County Conservation Corps - Planning
Legal Applicant County of Weld
Program Type Formula
Program Year 2023-2024
Budget submitted on 5110/2024 by Budget Setup
Budget approved on 5/10/2024 by Cheryl Secorski
Budget for 2023-2024 was submitted on 05/10i2024 by Budget Setup
Program Operating Costs
Budget Item
CNCS
Grantee
Cash +In
Grantee
-kind
Totals
A
Personnel Exp
-�
675.64500
$000
woo
$75,645.00
B
Fringe Benefits
So 00
516.027 00
50.00
$16.027.00
$1.920.00'
.1
Staff Travel
st,tss oo
$765 00
$0.00
D
quipment
s000
5000
woo
$0.00
X2,750.00
E
Supplies
575000
52.00000
5 0
onsultants
5000
woo
woo
$0.00
Training
$1,000.00
.1
Staff Training
560000
540000
50.00
H
valuation
woo
soon
so 00
$0.00
I•
her Op
so 00
5310 00
50 00
310.00
Program Operating Costs
Subtotal
S78,150.00
80.03%
S19,502.00
19.97%
�
$0.00
IS97,652.00
Administrative - indirect Casts
Budget Item
CNCS
Grantee
Cash S
Grantee
In -kind
Totals
CNCS Fixed
Percentage
fr$000$12,231.00
A.1
CNCS Fixed Costs
52.46600
A 2
Commission Fixed
Costs
'59.76500
si 64400
$000
$000
$1,644.00
x$0.00
B
Federal Indirect
so 00 '50.00
e$000
•
C
Commission Fixed
Coat 1%
so 00
—en
$0.00
Administrative - Indirect
Costs Subtotal
$4,110.00
29.62%
59,765.00
00
70.38% .
$1S' 876.00
Program Total
CNCS
Grantee
Cash
Grantee
In -kind
Totals
Program Total
S82,260.00S29,267.00
73.76% 26.24%
50.00
$111,527.00
State & Program Year Colorado 2023-2024
EXHIBIT B
EXHIBIT C
PART I - FACE SHEET
APPLICATION FOR FEDERAL ASSISTANCE
Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)
1. TYPE OF SUBMISSION:
Application X❑ Non -Construction
2a. DATE SUBMRTED TO CORPORATION
FOR NATIONAL AND COMMUNfIY
SERVICE (CNCS):
2b. APPLICATION ID:
23AC261027
3. DATE RECEIVED BY STATE
08 -MAY -24
STATE APPLICATION IDENTIFIER:
WA
4. DATE RECEIVED BY FEDERAL AGENCY:
FEDERAL IDENMFIER:
5. APPLICATION INFORMATION
LEGAL NAME Weld County Government
UB NUMBER MKKXT9U9MTV5
NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER
PERSON TO BE CONTACTED ON MATTERS NVOLVNG THIS APPLICATION (give
area codes):
NAME Karina Amaya Ragland
TELEPHONE NUMBER (970) 400-6763
FAX NUMBER
INTERNET EMAL ADDRESS: kamaya@weld.gov
ADDRESS (give street address, city, state, zip code and county):
PO Box 758
1150 O St
Greeley CO 80631 - 9596
County: Weld
6. EMPLOYER DENTIFICATION NUMBER (EN):
846000813
7. TYPE OF APPLICANT:
7a. Local Government - County
7b Community Action Agency/Community Action Program
8. TYPE OF APPLICATION (Check appropriate box).
X❑ NEW ❑ NEW/PREVIOUS
❑ CONTINUATION ❑ AMENDMENT
1 Amendment, enter appropriate letter(s) in box(es):
A. AUGMENTATION B. BUDGET REVISION
C. NO COST EXTENSION D. OTHER (specify below):
GRANTEE
9. NAME OF FEDERAL AGENCY:
Corporation for National and Community Service
10a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 94.006
10b. TITLE AmeriCorps State
11.a. DESCRIPTIVE TfTLE OF APPLICANT'S PROJECT:
Weld County Youth Conservation Corps (WCYCC)
11.b. CNCS PROGRAM INITIATIVE (IF ANY):
12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc):
Weld County, Boulder County
13. PROPOSED PROJECT: START DATE 06/01/24 END DATE 12/31/24
14. CONGRESSIONAL DISTRICT OF: a.Applicant CO 08 b.Program CO 08
15. ESTIMATED FUNDING: Year #: 1
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
Q YES. THIS FREAPPLICATION/APPLICATION WAS MADEAVALABLE
TO THE STATE EXECUTN E ORDER 12372 PROCESS FOR
REVIEW ON:
DAB
❑X NO. PROGRAM IS NOT COVERED BY E.O. 12372
a. FEDERAL
$ 82,260.00
b APPLICANT
$ 29,267.00
c. STATE
$ 0.00
d. LOCAL
$ 0.00
e. OTHER
$ 0.00
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
0 YES if "Yes," attach an explanation. ® NO
f. PROGRAM NCOME
$ 0.00
g. TOTAL
$ 111,527.00
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA N THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN
DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE
IS AWARDED.
a. TYPE) NAME OF AUTHORIZED REPRESENTATIVE b. TITLE
Karina Amaya Ragland
c. TELEPHONE NUMBER:
(970) 400-6763
d. SIGNATURE OF AUTHORIZED REPRESENTATIVE
e. DATE SIGNED:
05/07/24
Page 1
EXHIBIT C
Narratives
Executive Summary
Executive Summary
The Weld County Youth Conservation Corps (WCYCC) proposes to develop an AmeriCorps program
that will focus on the CNCS focus area(s) of Environmental Stewardship. The AmeriCorps investment
will be matched with $30,000 projected match of Federal funding. No AmeriCorps members will be
needed to execute this plan.
Rationale and Approach/Program Design
Communities in Weld County are growing at high rates and have identified a severe need for water
and energy saving measures. According to the United States Census Bureau, from 2010 to 2020, Weld
County grew by more than 30%, making it one of the fastest growing regions in the country. In
addition to a booming population, Colorado has been experiencing a 2o -year -long megadrought,
stressing water supplies and challenging Colorado rivers to meet the rising demand. Coloradoans use
an average of 65 billion gallons of treated water annually, accounting for 15% of Colorado's water.
While 40% of that water is estimated to be used for outdoor lawn watering and other landscaping, the
majority of consumption is from household uses, including showering, laundry, and washing dishes.
During the planning period we will work with municipalities in Weld County to explore the severity of
the need in that area and prioritize the focus of our future Weld County Youth Conservation Corps
(WCYCC) Water and Energy Crew. Funds received through the planning grant will be used to hire a
dedicated staff member to address this problem/need.
Organizational Capability
WCYCC was started in 1993 through expansion funding provided by the Office of Rural Job Training.
We began with a summer crew, which targeted twelve (12) opportunity (at -risk) youth. This crew
worked on a project building an adobe house for the City of Greeley's Centennial Village Museum.
Since 1993, WCYCC has continued its commitment to serve disenfranchised, opportunity youth, and
uses service that benefits the residents of Weld County as a means to attach them to their community
and give them transferable skills.
WCYCC has been able to continue to operate over the years through utilization of a variety of funding
sources such as Job Training Partnership Act (JTPA) Summer Youth Funds; Youth Crime Prevention
and Intervention Funds Workforce Investment Act (WIA) and Workforce Innovation and
Opportunity Act (WI OA) Funds; Community Service Block Grant (CSBG) Funds and in 1995,
AmeriCorps funding through a collaborative grant with Larimer County. Knowing that the
For Official Use Only
Page 2
EXHIBIT C
Narratives
AmeriCorps funding through the 1995 sub -contract with Larimer County would end in August of
2003, WCYCC determined that it would apply for AmeriCorps funding directly and was able to secure
an Operating Grant to continue its program without interruption.
We have continued to expand and diversify our funding over the past 30 years and currently have two
(2) year-round crews and four (4) summer crews. One year round and one summer crew serve 14-
17 -year -old youth and is not funded by AmeriCorps funding, but CORE Services funding available
through the Weld County Department of Human Services Child Welfare Division. These youth are
referred to WCYCC by case workers in the Child Welfare Division and participate in WCYCC's
Teamwork Innovation Growth Hope and Training (TIGHT) program. Our other two summer crews
are comprised of a seasonal crew leader and 14 and 15 -year -old youth from rural Weld County
communities. These two crews, as well as the seasonal crew leader, are funded through Colorado
Works Temporary Assistance to Needy Families (TANF) dollars.
WCYCC continues to seek opportunities to increase the number of sponsors for fee for service projects.
Since our inception, we have been able to expand our relationships with municipalities within Weld
County and collaborate on numerous GOCO (Great Outdoors Colorado) and Colorado Water
Conservation Board (CWCB) grants and have realized success with these partnerships. In 2009,
WCYCC explored and began operating chainsaw crews on invasive species eradication projects within
Weld, Sedgwick, and Morgan Counties. What began as a summer crew has now led to a chainsaw
crew in operation year-round. WCYCC continues to operate seasonal and year-round conservation
(land and water) & community service crews to date and seeks various opportunities to continue
delivering services and to diversify funding for sustainability.
As you can see through our extensive history, WCYCC has significant knowledge and capacity to
operate a successful water and energy program. With this funding, WCYCC will come full circle as we
previously operated an energy crew that performed home energy audits from 2010-2012; however,
we would be expanding that model to include more water saving measures. It is important to note
that there are several Weld County municipalities who are supportive of WCYCC and ensuring water
and energy saving measures are being implemented throughout their jurisdictions. Our longstanding
partnerships and passion and dedication towards conservation will make certain we are successful in
addressing these needs.
Cost Effectiveness and Budget Adequacy
See budget.
For Official Use Only
Page 3
EXHIBIT C
Narratives
Evaluation Summary or Plan
N/A
Amendment Justification
N/A
Clarification Summary
N/A
Continuation Changes
N/A
Grant Characteristics
For Official Use Only
Page 4
EXHIBIT C
Performance Measures
Tablel: MSYs by Focus Areas
Focus Area
% MSYs
Other Community Priorities 0%
Tablet: MSYs by Objectives
Objectives
%MSYs
Other
0%
Table3: %MSYs by NPM vs.Applicant vs. Not in ANY
% MSYs
NPM
0%
Applicant
Not in ANY
0%
0%
Table4: No of MSY and Members by Objective
Primary Focus Area: Other Community Priorities
Primary Intervention: Other
Secondary Focus Area:
Secondary Intervention:
For Official Use Only
Page 5
EXHIBIT C
Performance
Problem
Selected
Measure: Planning Grant
Focus Other Community Objective: Other No of 0.00 No of
Area: MSY's: Members:
Priorities
0
Statement:
N/A
Interventions:
Plan an AmeriCorps Program
Describe Interventions:
The team will work on planning a program for water conservation.
OUTPT90536 Output:
Work with grantor staff to design and conduct the planning process as outlined in the application.
Target: 1 N/A
Measured By: Other
Described Instrument: N/A
OUTCM90537 Outcome:
N/A
Target: 1 N/A
Measured By: Other
Described Instrument N/A
For Official Use Only
Page 6
EXHIBIT C
Program Information
AmeriCorps Funding Priorities
*Check any priority area(s) that apply to the proposed program. Please refer to Environmental stewardship
the NOFO for the information on the threshold for meeting priority
consideration
Grant Characteristics
*Check any characteristics that are a significant part of the proposed program. None of the above grant
characteristics
For Official Use Only
Page 7
EXHIBIT C
Demographics
Other Revenue Funds
Number of volunteers generated by AmeriCorps members
Percent of disadvantaged youth enrolled
For Official Use Only
Page 8
EXHIBIT C
Required Documents
Document Name
Evaluation
Federally Approved Indirect Cost Agreement
Labor Union Concurrence
Other Documents
Status
Not Applicable
Not Applicable
Not Applicable
Not Applicable
For Official Use Only
Page 9
EXHIBIT C
Logic Model
Problem
Inputs
Activities
Outputs
Short -Term
Outcomes
Mid -Term Outcomes
Long -Term
Outcomes
The community
Resources that are
The core activities
Direct products from
Changes in
Changes in behavior
Changes in
problem that the
program activities
necessary to deliver
the program
that define the
intervention or
program activities.
knowledge, skills,
attitudes and
or action.
Depending on
condition or status
in life. Depending on
(interventions) are
designed to address.
activities
(interventions),
including the
program model that
members will
implement or
opinions. These
outcomes, if
applicable to the
program design,
these outcomes may
or may not be
program design,
these outcomes may
or may not be
number of
deliver, including
program design, will
measurable during
measurable during
locations/sites and
duration, dosage
almost always be
the grant year.
the grant year.
number/type of
AmeriCorps
members.
and target
population.
measurable during
the grant year.
Some programs,
such as
environmental or
capacity -building
programs, may
measure changes in
condition over a
period as short as
one year.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Page 10
EXHIBIT D
FY 2023 GENERAL GRANT AND COOPERATIVE AGREEMENT
TERMS AND CONDITIONS
By accepting funds under this award from AmeriCorps (AmeriCorps is the operating
name for the Corporation for National Service), the recipient agrees to comply with,
and include in all awards and subawards, these General Terms and Conditions, the
program -specific terms and conditions, all applicable Federal statutes, regulations and
guidelines, and any amendments thereto. The recipient agrees to operate the funded
program in accordance with the approved application and budget, supporting
documents, and other representations made in support of the approved application.
The term recipient is used to connote either recipient or subrecipient, as appropriate,
throughout these General Terms and Conditions.
TABLE OF CONTENTS
I.
Changes from the 2022 General Terms and Conditions
2
II.
Governing Authorities
3
II.A.
Legislative and Regulatory Authority
3
II.B.
Other Applicable Terms and Conditions
3
II.C.
Order of Precedence
4
III.
General Terms and Conditions
4
III.A.
Responsibilities Under Award Administration Legislative and
Regulatory Authority
4
III.B.
Financial Management Standards
5
III.C.
Changes in Budget or Key Personnel
6
III.D.
Bankruptcy
6
III.E.
Prohibited Program Activities
6
III.F.
National Service Criminal History Check Requirements
7
III.G.
The Office of Inspector General
7
III.H.
Recognition of AmeriCorps Support
8
111.1.
Reporting of Fraud, Waste, and Abuse
10
EXHIBIT D
III.J.
Whistleblower Protection
11
III.K.
Liability and Safety Issues
12
III.L.
Award Monitoring
12
III.M.
Non -Discrimination Public Notice and Records Compliance
12
III.N.
Identification of Funding
14
111.O.
Award Products
14
III.P.
Suspension or Termination of Award
14
III.Q.
Trafficking in Persons
15
III.R.
System of Award Management (SAM) and Universal Identifier
Requirements (Required Provision Under 2 CFR § 25.220)
17
III.S.
Transparency Act Requirements (For Grants and Cooperative
Agreements of $30,000 or more)
18
III.T.
Conflict of Interest
21
III.U.
Award Terms and Conditions for Recipient Integrity and
Performance Matters (Required Provision under 2 CFR §
200.210(b)(iii) for Grants and Cooperative Agreements of
$500,000 or more)
22
III.V.
Breaches of Personally Identifiable Information (PII)
24
IV.
Program Civil Rights and Non -Harassment Policy
24
I. CHANGES FROM THE 2022 GENERAL TERMS AND CONDITIONS
A. Section III.F.: Updated to reflect National Service Criminal History Check Requirements
enacted in 2021.
B. Section III.H.: Updated Recognition of AmeriCorps Support to reflect current requirements.
C. Section 111.1.: Updated to include the Office of Inspector General's new web -
based portal to report Fraud, Waste, and Abuse.
2
EXHIBIT D
II. GOVERNING AUTHORITIES
A. LEGISLATIVE AND REGULATORY AUTHORITY
This award is authorized by and subject to The National and Community Service Act
of 1990, as amended, (42 U.S.C. 12501 et seq.) (NCSA) and/or the Domestic
Volunteer Service Act of 1973, as amended, (42 U.S.C. 4950 et seq.) (DVSA), the
Federal Grant and Cooperative Agreement Act (FGCAA), 31 U.S.C. §§6301-6308,
and AmeriCorps' implementing regulations in 45 CFR Chapter XII and/or XXV.
Recipients must comply with the requirements of the NCSA and/or DVSA and
AmeriCorps' implementing regulations, as applicable.
B. OTHER APPLICABLE TERMS AND CONDITIONS
This award is subject to the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards located at 2 CFR Part 200 and the
agency's implementing regulation at 2 CFR Part 2205 (hereinafter, the Uniform
Guidance). Award recipients must read, understand, and implement these federal
regulations. 2 CFR Part 200, and the August 2020 amendments thereto are
incorporated into these terms and conditions by reference.
The recipient must comply with all other applicable statutes, executive orders,
regulations, and policies governing the award, including, but not limited to, those
included in 2 CFR Chapter I, as well as those cited in these General Terms and
Conditions and Program -Specific Terms and Conditions, and the Assurances and
Certifications. Some of these requirements are discussed in these General Terms and
Conditions to provide emphasis or additional explanations to recipients. Other
provisions are included in these AmeriCorps' General Terms and Conditions because
they are required by specific laws or regulations.
In addition to the applicable statutes and regulations referred to above, the recipient
must comply with and perform its award consistent with the requirements stated in:
1. The Notice of Grant Award and Signature Page;
2. These General Terms and Conditions;
3. The Program -Specific Terms and Conditions;
4. The Notice of Funding Availability;
5. The recipient's approved application (including the final approved budget,
attachments, and pre -award negotiations); and
6. Grant Certification and Assurances.
3
EXHIBIT D
C. ORDER OF PRECEDENCE
Any inconsistency in the authorities governing the Award shall be resolved by giving
precedence in the following order: (a) applicable Federal statutes, (b) applicable
Federal regulations, (c) Notice of Grant Award and Signature Page; (d) AmeriCorps
Program Specific Terms and Conditions, (e) AmeriCorps General Terms and
Conditions, (f) the Notice of Funding Opportunity, and (g) the approved Award
Application including all assurances, certifications, attachments, and pre -award
negotiations.
III. GENERAL TERMS AND CONDITIONS
A. RESPONSIBILITIES UNDER AWARD ADMINISTRATION
1. Accountability of the Recipient. The recipient has full fiscal and programmatic
responsibility for managing all aspects of the award and award -supported
activities, subject to the oversight of AmeriCorps. The recipient is accountable to
AmeriCorps for its operation of the program and the use of AmeriCorps award
funds. The recipient must expend award funds in a manner consistent with the
cost principles in 2 CFR and in a reasonable manner, and it must record accurately
the service activities and outcomes achieved under the award. Although
recipients are encouraged to seek the advice and opinion of AmeriCorps on
special problems that may arise, such advice does not diminish the recipient's
responsibility for making sound judgments and does not shift the responsibility
for operating decisions to AmeriCorps.
2. Subawards. If authorized by law and permitted by AmeriCorps, a recipient may
make subawards in accordance with the requirements set forth in the Uniform
Guidance. The recipient must have and implement a plan for oversight and
monitoring that complies with the requirements applicable to pass through
entities identified at 2 CFR § 200.332 to ensure that each subrecipient has agreed
to comply, and is complying, with award requirements.
A recipient of a Federal award that is a pass -through entity has certain obligations
to its subrecipients. Those requirements are located at 2 CFR §200.208,
§ 200.332, § 200.339, and 2 CFR Part 200 Subpart F.
3. Notice to AmeriCorps. The recipient will notify the appropriate AmeriCorps
Portfolio Manager 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 award, or any suspected misconduct or
malfeasance related to the award or recipient. The recipient will inform the
AmeriCorps Portfolio Manager about the corrective action taken or contemplated
4
EXHIBIT D
by the recipient and any assistance needed to resolve the situation. Recipients
must also ensure that they comply with the mandatory reporting requirements for
suspected criminal activity or fraud, waste or abuse as specified in section III. I.
B. FINANCIAL MANAGEMENT STANDARDS
1. General. The recipient must maintain financial management systems that comply
with 2 CFR § 200.302(b). The recipient's financial management systems must be
capable of distinguishing expenditures attributable to this award from
expenditures not attributable to this award. The systems must be able to identify
costs by program year and by budget category, and to differentiate between
direct and indirect costs. For all recipient's financial management requirements
and responsibilities, refer to Subparts D and E of 2 CFR Part 200.
2. Allowability of Costs. To be allowable under an award, costs must meet the
criteria of 2 CFR § 200.403, which provides that costs must be necessary and
reasonable for the performance of the award, must conform to limitations in the
award or 2 CFR Part 200 as to types or amounts of cost items, must be consistent
with policies and procedures that apply uniformly to both Federally financed and
other activities of the recipient, must be adequately documented, and must not
be included as a cost or used to meet cost share or matching requirements of
any other Federally financed program. Furthermore, the costs must be accorded
consistent treatment in like circumstances as either direct or indirect costs in
order to avoid the double charging of Federal awards (see 2 CFR § 200.403(d)
and § 200.412).
3. Cost Reporting. Recipients will be reporting their Federal cash disbursements
quarterly through the Payment Management System (PMS) at the Department of
Health and Human Services and their Federal share of grant program
expenditures (including indirect costs) semi- annually through AmeriCorps'
eGrants system. Recipient's financial management systems must be able to
routinely produce reports which support and reconcile to the amounts reported
to PMS and eGrants. As part of closing out individual awards, recipients must
submit a quarterly report to PMS and ensure it reconciles to the drawn amount
and FFR in eGrants as applicable within 120 days of the end of the project
period. Recipients must also ensure that the financial management systems of
any subrecipients can routinely produce the same reports. As part of its ongoing
fiscal oversight of recipients, AmeriCorps may randomly select recipients to
provide reports supporting their Federal cash disbursements reported to PMS
(including supporting information for cash disbursements made by
subrecipients). AmeriCorps expects recipients' and subrecipients' financial
5
EXHIBIT D
management systems to be able to produce those supporting reports on a
routine basis.
4. Audits. Recipient organizations that expend $750,000 or more in total Federal
awards in a fiscal year shall have a single or program -specific audit conducted for
that year in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et
seq., and 2 CFR Part 200, Subpart F. If the recipient expends Federal awards
under only one Federal program, it may elect to have a program specific audit, if
it is otherwise eligible. A recipient that does not expend $750,000 in Federal
awards is exempt from the audit requirements for that year. However, it must
continue to conduct financial management reviews of its subrecipients, and its
records and its subrecipients' records must be available for review and audit in
accordance with 2 CFR §§ 200.334-200.338 and §200.332(a)(5). Additionally, a
recipient acting as a pass -through entity must issue management decisions for
audit findings pertaining to the Federal award provided to the subrecipient as
required by 2 CFR § 200.521 and ensure follow-up on audit findings in a timely
manner to ensure that the subrecipient corrects any deficiencies identified in the
audit.
C. CHANGES IN BUDGET OR KEY PERSONNEL
All budget and programmatic changes must comply with 2 CFR § 200.308 - Revision
of budget and program plans. 2 CFR § 200.407 Prior written approval (prior
approval) - provides an exhaustive list of those other items requiring AmeriCorps'
advance approval.
D. BANKRUPTCY
The recipient must notify AmeriCorps if, during the term of its award, the recipient or
one of its subrecipients becomes insolvent or is unable to pay its debts as they
mature, or files a voluntary petition in bankruptcy or is the subject of an involuntary
petition that is neither stayed nor dismissed within 60 days after the petition is filed.
E. PROHIBITED PROGRAM ACTIVITIES
The recipient must comply with, and require all subrecipients to comply with, the
prohibitions on use of AmeriCorps funds applicable to their program as identified in
sections 132A and 174 of the NCSA (42 U.S.C. §§ 12584a and 12634) and section
403 of the DVSA (42 U.S.C. § 5043), and provisions by Congress in annual
appropriations acts. More specific guidance on these prohibitions will be provided in
AmeriCorps' Program Specific Terms and Conditions and in other guidance.
6
EXHIBIT D
F. NATIONAL SERVICE CRIMINAL HISTORY CHECK REQUIREMENTS
The National Service Criminal History Check (NSCHC) is a screening procedure
established by law to protect the beneficiaries of national service. On February 24,
2021, AmeriCorps published a new NSCHC regulation that went into effect May 1,
2021. See45 CFR §§ 2540.200-2540.207 and National Service Criminal History
Checks for complete information and FAQs. The regulation requires recipients to
conduct and document NSCHCs on specific individuals. Refer to
45 CFR 2540.200-2540.201 for the list of entities and individuals required to
comply with NSCHC. The NSCHC must be conducted, reviewed, and an eligibility
determination made by the grant recipient based on the results of the NSCHC no
later than the day before a person begins to work or serve on an NSCHC-required
grant. An individual is ineligible to work or serve in a position specified in 45 CFR §
2540.201(a) if the individual is registered, or required to be registered, as a sex
offender or has been convicted of murder. The cost of conducting NSCHCs is an
allowable expense under the award.
Unless AmeriCorps has provided a recipient with a written waiver, recipients must
perform the following checks for each individual in a position specified in
45 CFR § 2540.201(a):
1. A nationwide name -based search of the National Sex Offender Public Website
(NSOPW); and
2. A name- or fingerprint -based check of the state criminal history record repository
or agency -designated alternative for the person's state of residence and state
where the person will serve/work; and
3. A fingerprint -based FBI criminal history check through the state criminal history
record repository or agency -approved vendor.
One way for grant recipients or subrecipients to obtain and document the required
components of the NSCHC is through the use of agency -approved vendors.
Recipients and subrecipients must retain adequate documentation that they
completed all required components of the NSCHC specified in 45 CFR §§ 2540.200-
2540.207. Inability to demonstrate that you conducted a required criminal history
check component, to include the NSOPW, as specified in the regulations, may result
in sanctions which may include disallowance of costs.
G. THE OFFICE OF INSPECTOR GENERAL
AmeriCorps' Office of Inspector General (OIG) conducts and supervises independent
audits, evaluations, and investigations of AmeriCorps' programs and operations.
Based on the results of these audits, reviews, and investigations, the OIG
EXHIBIT D
recommends disallowing costs and also recommends amending or adding policies
to promote economy and efficiency and to prevent and detect fraud, waste, and
abuse in AmeriCorps' programs and operations.
The OIG conducts and supervises audits of AmeriCorps recipients, as well as legally
required audits and reviews. The legally required audits include evaluating
AmeriCorps' compliance with the Payment Integrity Information Act of 2019, which
may result in grantees being requested to produce responsive documentation. The
OIG uses a risk -based approach, along with input received from AmeriCorps
management, to select recipients and awards for audit. The OIG hires independent
audit firms to conduct some of its audits. The OIG audit staff is available to discuss
any audit and can be reached at (202) 606-9390.
Recipients must cooperate fully with AmeriCorps requests for documentation and
OIG inquiries by timely disclosing complete and accurate information pertaining to
matters under investigation, audit or review, and by not concealing information or
obstructing audits, inspections, investigations, or other official inquiries.
H. RECOGNITION OF AMERICORPS SUPPORT
1. General Statement. Recipients and subrecipients of federal agency AmeriCorps
assistance or resources shall identify their programs, projects or initiatives as
AmeriCorps or AmeriCorps Seniors programs or projects accordingly. All
agreements with subrecipients, operating sites, or service locations, related to
AmeriCorps programs and initiatives must explicitly state that the program is an
AmeriCorps or AmeriCorps Seniors program.
Similarly, recipients and subrecipients shall identify all national service members
or volunteers serving at their programs, projects or initiatives as either
AmeriCorps members, AmeriCorps Seniors volunteers, Day of Service
volunteers or where appropriate for Volunteer Generation Fund simply
"volunteers."
2. Visual Representations and Prominent Display. Recipients shall identify their
programs, projects, or initiatives, and their members or volunteers, through the
use of visual representations, including: logos; insignias; written
acknowledgements, publications and other written materials; websites and
social media platforms; and service gear such as clothing. All visual
representations must follow current AmeriCorps branding guidelines, which
include proper logo use and cobranding requirements. To provide recipients
technical assistance in ensuring compliance with proper logo use and
cobranding requirements, AmeriCorps provides brand guidelines, to which
8
EXHIBIT D
recipients and subrecipients should refer and follow. The brand guidelines are
available at Communication resources I AmeriCorps.
All recipient and subrecipient websites and social media communications shall
clearly state, as appropriate, that they are an AmeriCorps recipient or funded by
a grant from AmeriCorps and shall prominently display the AmeriCorps or
AmeriCorps Seniors logo. Logo graphics should be embedded with a link back
to the AmeriCorps.gov home page (referral link) or to an AmeriCorps program -
specific web page at AmeriCorps.gov. Recipients and subrecipients shall
prominently display the AmeriCorps, AmeriCorps Seniors, or appropriate
AmeriCorps Day of Service name and logo on all service gear and public
materials, in accordance with AmeriCorps' requirements. Public materials are
defined in the branding toolkit.
3. Acknowledgement and Disclaimer on Published Materials. The appropriate
AmeriCorps or AmeriCorps Seniors logo shall be included on publications
related to an award of AmeriCorps assistance or resources. An
acknowledgement and disclaimer shall be displayed on all reports and other
published materials based upon work supported by the award. The
acknowledgement and disclaimer may contain language the same as or similar
to:
This material is based upon work supported by AmeriCorps under Grant No(s) (].
Opinions or points of view expressed in this document are those of the authors
and do not necessarily reflect the official position of, or a position that is
endorsed by, AmeriCorps."
4. Brand Identification through Publicity. Recipients shall provide information or
training to their AmeriCorps members, AmeriCorps Seniors volunteers, Day of
Service volunteers, or Volunteer Generation Fund volunteers about how their
programs, projects or initiatives are part of AmeriCorps. Recipients are strongly
encouraged to place signs that include the AmeriCorps or AmeriCorps Seniors
name and logo, or the appropriate AmeriCorps version of the Day of Service
logo at all their service sites and may use the slogan "AmeriCorps Serving Here"
or "AmeriCorps Seniors Serving Here," as appropriate.
When AmeriCorps members and programs or AmeriCorps Seniors volunteers
and programs are publicized - including but not limited to public speaking
opportunities, press releases, news stories, blog posts, websites, social media
posts, online videos, public service announcements, paid advertising, brochures
and other communications channels - individuals must be identified as
AmeriCorps members or AmeriCorps Seniors volunteers, while programs should
9
EXHIBIT D
be identified as AmeriCorps or AmeriCorps Seniors programs or projects and,
where possible, appropriate logos must be displayed.
5. Alteration of Brand Identities Prohibited Without AmeriCorps Written
Permission. Recipients may not alter the AmeriCorps or AmeriCorps Seniors
logos or other AmeriCorps branding and must obtain written permission from
AmeriCorps before using the AmeriCorps name or logo, or the AmeriCorps
Seniors name or logo on materials that will be sold. Recipients must also obtain
written permission from AmeriCorps before permitting donors to use the
AmeriCorps name or logo, or the AmeriCorps Seniors name or logo in
promotional materials.
6. Prohibited Use or Display of Names and Logos for Certain Activities. The
recipient or subrecipient may not use or display the AmeriCorps name or logo,
or the AmeriCorps Seniors name or logo in connection with any activity
prohibited by statute or regulation, including any political activities.
I. REPORTING OF FRAUD, WASTE, AND ABUSE
Recipients must contact the OIG and their Portfolio Manager without delay when
they first suspect:
1. Any criminal activity or violations of law has occurred, such as:
Fraud, theft, conversion, misappropriation, embezzlement, or misuse of
funds or property by any person, including AmeriCorps personnel,
grantees, or contractors —even if no federal funds or property was
involved;
Submission of a false claim or a false statement by any person in
connection with any AmeriCorps program, activity, grant or operations;
Concealment, forgery, falsification, or unauthorized destruction of
government or program records;
Corruption, bribery, kickbacks, acceptance of illegal gratuities,
extortion, or conflicts of interest in connection with operations,
programs, activities, contracts, or grants;
Other misconduct in connection with operations, programs, activities,
contracts, or grants; or
Mismanagement, abuse of authority, or other misconduct by
AmeriCorps personnel.
2. Fraud, waste, or abuse.
Fraud occurs when someone is intentionally dishonest or uses
intentional misrepresentation or misleading omission to receive
10
EXHIBIT D
something of value or to deprive someone, including the government,
of something of value.
Waste occurs when taxpayers do not receive reasonable value for their
money in connection with a government -funded activity due to an
inappropriate act or omission by people with control over or access to
government resources.
Abuse is behavior that is deficient, objectively unreasonable, or
improper under the circumstances. Abuse also includes the misuse of
authority or position for personal financial gain or the gain of an
immediate or close family member or business associate.
The OIG maintains a hotline to receive this information, which can be reached via a
web -based hotline portal or by telephone at (800) 452-8210. Upon request, OIG will
take appropriate measures to protect the identity of any individual who reports
misconduct, as authorized by the Inspector General Act of 1978, as amended.
Reports to OIG may also be made anonymously.
The recipient should take no further steps to investigate suspected misconduct,
except as directed by the OIG or to prevent the destruction of evidence or
information.
J. WHISTLEBLOWER PROTECTION
1. This award and employees working on this award will be subject to the
whistleblower rights and remedies in the pilot program on Contractor employee
whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
2. An employee of a recipient may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing information that the employee
reasonably believes is evidence of gross mismanagement of a Federal contract
or award, a gross waste of Federal funds, an abuse of authority (an arbitrary and
capricious exercise of authority that is inconsistent with the mission of
AmeriCorps or the successful performance of a contract or award of
AmeriCorps) relating to a Federal contract or award, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation related
to a Federal contract (including the competition for or negotiation of a contract)
or award.
3. The recipient shall inform its employees and contractors in writing, in the
predominant language of the workforce or organization, of employee
whistleblower rights and protections under 41 U.S.C. 4712, as described above
and at Whistleblower Rights and Protections I AmeriCorps (americorpsoig.gov).
11
EXHIBIT D
K. LIABILITY AND SAFETY ISSUES
The recipient must institute safeguards as necessary and appropriate to ensure the
safety of members and volunteers. Members and volunteers may not participate in
projects that pose undue safety risks. Any insurance costs under the award must
comply with 2 CFR § 200.447, which outlines what insurance costs are allowable.
L. AWARD MONITORING
1. Monitoring Activities. AmeriCorps may conduct on -site or remote monitoring
activities to review and evaluate recipient records, accomplishments,
organizational procedures and financial control systems; to make verifications of
recipient compliance with the terms of the award; to conduct interviews; to
identify any practice or procedure that may require further scrutiny; and to
provide technical assistance.
2. Responding to information requests. Pursuant to 2 CFR 200.337, AmeriCorps
may request documentation from recipients in order to monitor the award or to
comply with other legal requirements, such as the Payment Integrity Irrformation
Act of 2019. Failure to make timely responses to such requests may result in
award funds being placed on temporary manual hold, reimbursement only,
or other remedies as appropriate.
M. NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE
1. Public Notice of Non-discrimination. The recipient must notify members,
community beneficiaries, applicants, program staff, and the public, including
those with impaired vision or hearing, that it operates its program or activity
subject to the non-discrimination requirements applicable to their program found
at §§ 175 and 176(f) of the NCSA or § 417 of the DVSA, and relevant program
regulations found at 45 CFR Parts 2540 (AmeriCorps State and National), 2551
(Senior Companion Program), 2552 (Foster Grandparent Program), 2553 (RSVP),
and 2556 (AmeriCorps VISTA). The notice must summarize the requirements,
note the availability of compliance information from the recipient and
AmeriCorps, and briefly explain procedures for filing discrimination complaints
with AmeriCorps.
Recipients and subrecipients must also prominently post and make program
participants aware of AmeriCorps' Program Civil Rights and Non -Harassment
Policy which is reissued annually and available at AmeriCorps.gov.
12
EXHIBIT D
The recipient must include information on civil rights requirements, complaint
procedures and the rights of beneficiaries in member or volunteer service
agreements, handbooks, manuals, pamphlets, and post in prominent locations, as
appropriate. The recipient must also notify the public in recruitment material and
application forms that it operates its program or activity subject to the
nondiscrimination requirements. Sample language, in bold print, is: This
program is available to all, without regard to race, color, national origin,
gender, age, religion, sexual orientation, disability, gender identity or
expression, political affiliation, marital or parental status, genetic
information and military service. Where a significant portion of the population
eligible to be served needs services or information in a language other than
English, the recipient shall take reasonable steps to provide written material of the
type ordinarily available to the public in appropriate languages.
2. Prohibition Against National Origin Discrimination Affecting Limited
English Proficient (LEP) Persons. Pursuant to Executive Order (EO) 13166 -
Improving Access to Services for Persons with Limited English Proficiency,
recipients are required to provide meaningful access to their programs and
activities by LEP persons. For more information, please see the policy guidance
at 67 FR 64604.
3. Records and Compliance Information. The recipient must keep records and
make available to AmeriCorps timely, complete, and accurate compliance
information to allow AmeriCorps to determine if the recipient is complying with
the civil rights statutes and implementing regulations. Where a recipient extends
Federal financial assistance to subrecipients, the subrecipients must make
available compliance information to the recipient so it can carry out its civil rights
obligations in accordance with the records requirements at
2 CFR §§ 200.334200.338 and § 200.331(a)(5).
4. Obligation to Cooperate. The recipient must cooperate with AmeriCorps so
that AmeriCorps can ensure compliance with the civil rights statutes and
implementing regulations. The recipient shall permit access by AmeriCorps
during normal business hours to its books, records, accounts, staff, members or
volunteers, facilities, and other sources of information as may be needed to
determine compliance. The recipient and subrecipients must cooperate when
contacted regarding investigations into allegations of discrimination including,
but not limited, to providing requested documentation and making relevant
officials available to provide information and/or statements.
13
EXHIBIT D
N. IDENTIFICATION OF FUNDING
When issuing statements, press releases, requests for proposals, bid solicitations and
other documents describing projects or programs funded in whole or in part with
Federal money, all grantees receiving AmeriCorps funds included, shall clearly state —
(1) the percentage of the total costs of the program or project which will be financed
with Federal money; (2) the dollar amount of Federal funds for the project or
program; and (3) the percentage and dollar amount of the total costs of the project
or program that will be financed by non -governmental sources.
O. AWARD PRODUCTS
1. Sharing Award Products. To the extent practicable, the recipient agrees to
make products produced under the award available at the cost of reproduction
to others in the field.
2. Acknowledgment of Support. Publications created by members, volunteers or
award -funded staff must be consistent with the purposes of the award. The
appropriate AmeriCorps logo shall be included on such documents. The
recipient 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 award:
'This material is based upon work supported by AmeriCorps, the operating name
of the Corporation for National and Community Service, under Grant No(s).(].
Opinions or points of view expressed in this document are those of the authors
and do not necessarily reflect the official position of, or a position that is endorsed
by, AmeriCorps or [the relevant AmeriCorps program]."
P. SUSPENSION OR TERMINATION OF AWARD
AmeriCorps may suspend or terminate this award in accordance with 2 CFR §§ 200.
200.339 and 200.340 (85 FR 49506, 49559-60) such as applicable AmeriCorps
regulations and statutes. In addition, a recipient may suspend or terminate assistance
to one of its subrecipients in accordance with 2 CFR §§ 200.339 and 200.340,
provided that such action complies with 2 CFR § 200.341. 2 CFR § 200.340(a)(2)
prohibits arbitrary termination of grant awards by AmeriCorps. As before the
clarifications to 2 CFR Part 200, AmeriCorps may initiate termination for cause, or
when (based on new evidence) there is a significant question about the feasibility or
effectiveness of the intended objective of the award.
14
EXHIBIT D
Q. TRAFFICKING IN PERSONS
This award is subject to requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104).
1. Provisions applicable to a recipient that is a private entity.
a. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period
of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the
award is in effect; or
iii. Use forced labor in the performance of the award or subawards
under the award.
b. We as the Federal awarding agency may unilaterally terminate this award,
without
penalty, if you or a subrecipient that is a private entity
i. Violates a prohibition in paragraph (a.) of this award term; or
ii. Has an employee who violates a prohibition in paragraph (a.) of
this award term through conduct that is either:
(A.) Associated with performance under this award; or
(B.) Imputed to you or the subrecipient using the standards and
due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB
guidelines to Agencies on Government -wide Debarment and
Suspension (Non -procurement)," as implemented by our
agency at 2 CFR Part 2200.
2. Provisions applicable to a recipient other than a private entity. We as the
Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is not a private entity -
a. Is determined to have violated an applicable prohibition of paragraph
(1)(a.) of this award term; or
b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in
paragraph (1)(a)(i) of this award term through conduct that is -
i. Associated with performance under this award; or
ii. Imputed to you using the standards and due process for imputing
conduct of an individual to an organization that are provided in
2 CFR Part 180, "OMB Guidelines to Agencies on Government -
wide Debarment and Suspension (Non -procurement)," as
implemented by our agency at 2 CFR Part 2200.
15
EXHIBIT D
3. Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph (1)(a) al this award
term.
b. Our right to terminate unilaterally that is described in paragraph (1) and (2)
of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act
of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are
available to us under this award.
c. You must include the requirements of paragraph (1)(a) of this award term
in any subaward you make to a private entity.
4. Definitions. For purposes of this award term:
a. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged
in the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or
program under this award and not compensated by you including,
but not limited to, a volunteer or individual whose service are
contributed by a third party as an in -kind contribution toward cost
sharing or matching requirements.
b. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage,
or slavery.
c. "Private entity":
i. Means any entity other than a State, local government, Indian tribe,
or foreign public entity, as those terms are defined in
2 CFR §175.25.
ii. Includes:
(a.) A nonprofit organization, including any non-profit institution
of higher education, hospital, or tribal organization other
than one included in the definition of Indian tribe at
2 CFR § 175.25(b).
(b.) A for-profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and
"coercion" have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. § 7102).
16
EXHIBIT D
R. SYSTEM FOR AWARD MANAGEMENT (SAM) and UNIVERSAL IDENTIFIER
REQUIREMENTS (Required provision under 2 CFR § 25.220)
1. Requirement for System for Award Management (SAM) Registration: Unless you
are exempted from this requirement under 2 CFR § 25.110, you as the recipient
must maintain the currency of your SAM registration information until you submit
the final financial report required under this award or receive the final payment,
whichever is later. This requires that you review and update the information at
least annually after the initial registration, and more frequently if required by
changes in your information or another award term. Additionally, recipients'
legal applicant name and physical address in eGrants must align exactly to the
information in their SAM registration.
2. Requirement for Unique Entity Identifier: If you are authorized to make
subawards under this award, you:
a. Must have a Unique Entity Identifier
b. Must notify potential subrecipients that no entity (see definition in
paragraph c of this award term) may receive a subaward from you unless
the entity has provided its unique entity identifier to you.
c. May not make a subaward to an entity unless the entity has provided its
unique entity identifier to you.
3. Definitions. For purposes of this award term:
System for Award Management (SAM) means the Federal repository for standard
information about applicants and recipients. Additional information about registration
procedures may be found at the SAM Internet site (currently at
https://www.sam.gov/content/Home).
a. Unique Entity Identifier (UEI) is the universal identifier for Federal financial
assistance applicants, as well as recipients and their direct subrecipients. It
is generated by SAM.
b. Subaward:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
ii. The term does not include your procurement of property and
services needed to carry out the project or program (for further
explanation, see 2 CFR § 200.330.
iii. A subaward may be provided through any legal agreement,
including an agreement that you consider a contract.
17
EXHIBIT D
b. Subrecipient means an entity that:
i. Receives a subaward from you under this award; and
ii. Is accountable to you for the use of the Federal funds provided by
the subaward.
S. TRANSPARENCY ACT REQUIREMENTS (for Grants and Cooperative
Agreements of $30,000 or More)
Reporting Subawards and Executive Compensation:
1. Reporting of first -tier subawards.
a. Applicability. Unless you are exempt as provided in paragraph 4, of this
award term (below), you must report each action that obligates $30,000 or
more in Federal funds that does not include Recovery funds (as defined in
section 1512)a))2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph 5. of
this award term).
b. Where and when to report.
i. You must report each obligating action described in paragraph 1.a.
of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For
example, if the obligation was made on November 7th in a given
year, the obligation must be reported by no later than the end of
December.)
c. What to report.
i. You must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov specify.
2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. You must report total compensation for each
of your five most highly compensated executives for the preceding
completed fiscal year, if--
i. The total Federal funding authorized to date under this award is
$30,000 or more;
ii. In the preceding fiscal year, you received --
(a.) 80 percent or more of your annual gross revenues from
Federal procurement contracts (and subcontracts) and
Federal financial assistance subject to the Transparency Act,
as defined at 2 CFR § 170.320 (and subawards); and
(b.) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal
18
EXHIBIT D
financial assistance subject to the Transparency Act, as
defined at 2 CFR § 170.320 (and subawards); and
iii. The public does not have access to information about the
compensation of the executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. You must report executive total compensation
described in paragraph (2.)(a.) of this award term:
i. As part of your registration profile
https://www.sam.gov/content/Home by the end of the month
following the month in which this award is made, and annually
thereafter.
3. Reporting of Total Compensation of Subrecipient Executives.
a. Applicability and what to report. Unless you are exempt as provided in paragraph 4.
of this award term, for each first -tier subrecipient under this award, you
shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if--
i. In the subrecipient's preceding fiscal year, the subrecipient received --
(a.) 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
§170.320 (and subawards); and
(b.) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal
financial assistance subject to the Transparency Act, as defined
at 2 CFR §170.320 (and subawards); and
ii. The public does not have access to information about the
compensation of the executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. You must report subrecipient
executive total compensation described in paragraph 3.a. of
this award term:
19
EXHIBIT D
i. To the recipient.
ii. By the end of the month following the month during which you
make the subaward. For example, if a subaward is obligated on any
date during the month of October of a given year (i.e., between
October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
4. Exemptions. If, in the previous tax year, you had gross income, from all sources,
under $300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of
any subrecipient.
5. Definitions. For purposes of this award term:
a. Entity means all of the following, as defined in 2 CFR Part 25:
i. A Governmental organization, which is a State, local government,
or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or
subaward to a non- Federal entity.
b. Executive means officers, managing partners, or any other employees in
management positions.
c. Subaward:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program
for which you received this award and that you as the recipient
award to an eligible subrecipient.
ii. The term does not include your procurement of property and
services needed to carry out the project or program (for further
explanation, see 2 CFR § 200.331).
iii. A subaward may be provided through any legal agreement,
including an agreement that you or a subrecipient considers a
contract.
d. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award;
and
ii. Is accountable to you for the use of the Federal funds provided by
the subaward.
20
EXHIBIT D
e. Total compensation means the cash and noncash dollar value earned by
the executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR §229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use
the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non -equity incentive plans. This does
not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of
defined benefit and actuarial pension plans.
v. Above -market earnings on deferred compensation which is not
tax -qualified.
vi. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
T. CONFLICT OF INTEREST
You must disclose in writing any potential conflict of interest to your AmeriCorps
Portfolio Manager, or to the pass -through entity if you are a subrecipient or
contractor. This disclosure must take place immediately. The AmeriCorps conflict of
interest policies apply to subawards as well as contracts, and are as follows:
1. As a non -Federal entity, you must maintain written standards of conduct covering
conflicts of interest and governing the performance of your employees engaged
in the selection, award, and administration of subawards and contracts.
2. None of your employees may participate in the selection, award, or
administration of a subaward or contract supported by a Federal award if he or
she has a real or apparent conflict of interest. Such a conflict of interest would
arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated herein, has a financial or other interest in or a
tangible personal benefit from an organization considered for a subaward or
contract. The officers, employees, and agents of the non -Federal entity must
21
EXHIBIT D
neither solicit nor accept gratuities, favors, or anything of monetary value from
subrecipients or contractors or parties to subawards or contracts.
3. If you have a parent, affiliate, or subsidiary organization that is not a State, local
government, or Indian tribe, you must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest
mean that because of relationships with a parent company, affiliate, or subsidiary
organization, you are unable or appear to be unable to be impartial in
conducting a subaward or procurement action involving a related organization.
U. AWARD TERM AND CONDITION FOR RECIPIENT INTEGRITY AND
PERFORMANCE MATTERS (Required provision under 2 CFR §
200.210(b)(iii) for grants and cooperative agreements of $500,000 or
more)
1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of information
reported to the System for Award Management (SAM) that is made available in the
designated integrity and performance system (currently the Federal Awardee
Performance and Integrity Information System (FAPIIS)) about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 872 of Public Law 110-417,
as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all
information posted in the designated integrity and performance system on or after
April 15, 2011, except past performance reviews required for Federal procurement
contracts, will be publicly available.
2. Proceedings About Which You Must Report.
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative
agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five-year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in
paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
22
EXHIBIT D
(3) An administrative proceeding, as defined in paragraph 5 of this award
term and condition, that resulted in a finding of fault and liability and
your payment of either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2),
or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or compromise
with an acknowledgment of fault on your part; and
(iii) The requirement in this award term and condition to disclose
information about the proceeding does not conflict with
applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph 2 of this award term and condition. You do
not need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of
this award term and condition, you must report proceedings information through
SAM for the most recent five-year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new
information to report. Recipients that have Federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must
disclose semiannually any information about the criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non -judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or grant.
23
EXHIBIT D
It does not include audits, site visits, corrective plans, or inspection of
deliverables.
b. Conviction, for purposes of this award term and condition, means a
judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and
procurement contracts includes —
(1) Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
V. BREACHES OF PERSONALLY IDENTIFIABLE INFORMATION (PII)
All recipients and subrecipients need to be prepared for potential breaches of
Personally Identifiable Information (PII). OMB defines PII as any information about an
individual, including, but not limited to, education, financial transactions, medical
history, and criminal or employment history and information which can be used to
distinguish or trace an individual's identity, such as their name, social security
number, date and place of birth, mother's maiden name, biometric records, etc.,
including any other personal information which is linked or linkable to an individual.
All recipients and subrecipients must ensure that they have procedures in place to
prepare for and respond to breaches of PII, and notify the Federal awarding agency
in the event of a breach.
If your AmeriCorps grant -funded program or project creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of PII within the
scope of that Federal grant award, or uses or operates a Federal information system,
you must establish procedures to prepare for and respond to a potential breach of
PII, including notice of a breach of PII to AmeriCorps. Grantees experiencing a
breach should immediately notify AmeriCorps' Office of Information Technology,
and the AmeriCorps Portfolio Manager.
IV. Program Civil Rights and Non -Harassment Policy.
24
EXHIBIT E
2023 Terms and Conditions for AmeriCorps State and National Grants
These AmeriCorps (AmeriCorps is the operating name for the Corporation for National and
Community Service) Grant Program Specific Terms and Conditions and the 2023 AmeriCorps
General Terms and Conditions, are binding on the recipient.
Table of Contents
I. CHANGES FROM THE 2022 AMERICORPS GRANT TERMS AND CONDITIONS 1
II. DEFINITIONS 2
III. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK 3
IV. MEMBER RECRUITMENT, SELECTION, AND EXIT 3
V. SUPERVISION AND SUPPORT 5
VI. CHANGES IN MEMBER POSITIONS 9
VII. RELEASE FROM PARTICIPATION 11
VIII. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES 12
IX. MEMBER RECORDS AND CONFIDENTIALITY 16
X. BUDGET AND PROGRAMMATIC CHANGES 17
XI. REPORTING REQUIREMENTS 18
XII. AWARD PERIOD AND INCREMENTAL FUNDING 19
XIII. PROGRAM INCOME 20
XIV. SAFETY 20
XV. NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING 21
XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING 21
XVII. FIXED AMOUNT AWARDS 21
XVIII. EVALUATION PLANS 22
I. CHANGES FROM THE 2022 AMERICORPS GRANT TERMS AND CONDITIONS
Section VIII.H: Added language for the extension of leave of absence for Reservist/Guard
members
Section IX. Corrected citations, added a link for guidance, and added information related to
planning grants
Section XI. Removed the HHS/PMS reporting requirements
Section XI.C: Corrected the due date for reporting other federal funds to align with the FFR
due date
- Section XVI: Added annual Key Concepts of Financial Grants Management
eCourse requirement
EXHIBIT E
- Section XVII: Removed references to the CARES Act, with the announced expiration of the
federal public health emergency
- Section XVII: Replaced AmeriCorps calculating final award amounts with the Fixed Award
Certification submitted by prime grantees at closeout
II. DEFINITIONS
A. Recipient, for the purposes of these terms and conditions, the direct recipient of this
award. The recipient is legally accountable to AmeriCorps for the use of award funds,
and/or member positions, and is bound by the provisions of the award. The recipient is
responsible for ensuring that subrecipients or other organizations carrying out activities
under this award comply with all applicable Federal requirements, including the
AmeriCorps General Terms and Conditions, these specific terms and conditions,
regulations applicable to the program, and the National and Community Service Act of
1990, as amended by the Serve America Act (NCSA).
B. Planning Grant, for the purposes of these terms and conditions, is an award or subaward
for the planning of a national service program. State Service Commissions may also award
planning grants as part of their Formula Cost Reimbursement prime award. Planning
grants do not include member positions. Planning grants are awarded for a maximum of
one year.
C. Subrecipient refers to an organization receiving AmeriCorps award funds and/or member
positions from a recipient of AmeriCorps funds. See 2 CFR § 200.93.
D. Operating site means the organization that manages the AmeriCorps program and
places members into service locations. State subrecipients (programs) are operating sites.
National recipients must identify at least one operating site to which they can assign
service locations in the state where they are placing members.
E. Program refers to the activities supported under the award.
F. Service Location means the organization where or with which a member actually provides
his or her service in the community. Typical service locations are schools, food banks,
health clinics, community parks, etc. The service location may be the same as the
operating site, but only if the member actually serves at or with the operating site
organization. A member may serve at multiple service locations, all of which must be listed
in the Portal, although the program must select only one for the member's primary
assignment.
G. Member or participant means an individual:
1. Who has been selected by a recipient or subrecipient to serve in an approved
national service position;
2. Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United
States;
3. Who is at least 17 years of age at the commencement of service unless the member
is out of school and enrolled in a full-time, year-round youth corps or fulltime
2
EXHIBIT E
summer program as defined in the NCSA (42 U.S.C. § 12572 (a)(3)(B)(x)), in which
case he or she must be between the ages of 16 and 25, inclusive, and
4. Who has received a high school diploma or its equivalent, agrees to obtain a high
school diploma or its equivalent (unless this requirement is waived based on an
individual education assessment conducted by the program) and the individual did
not drop out of an elementary or secondary school to enroll in the program, or is
enrolled in an institution of higher education on an ability to benefit basis and is
considered eligible for funds under 20 U.S.C. § 1091.
H. NCSA means the National and Community Service Act of 1990, as amended. See 42
U.S.C. § 12501-12657.
III. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK
A. Identification as an AmeriCorps Program or Member. Recipients and subrecipients
shall identify their programs or projects as AmeriCorps programs. All agreements with
subrecipients, operating sites, or service locations, related to the AmeriCorps program
must explicitly state that the program is an AmeriCorps program. Similarly, recipients and
subrecipients shall identify all national service members serving in their programs
AmeriCorps members.
B. The FY 2023 General Terms and Conditions contain all requirements for recognition of
AmeriCorps Support.
IV. MEMBER RECRUITMENT, SELECTION, AND EXIT
Member recruitment and selection requirements are in AmeriCorps' regulations at 45 CFR §
2522.210 and Part 2540, subpart B. In addition, the recipient must ensure that the following
procedures are followed:
A. Member Listings/Position Descriptions in the My AmeriCorps Portal. Programs must
list all of their member listings/position descriptions by creating Service Opportunity
Listings in the My AmeriCorps Portal.
B. Application and Other Fees. Charging an application or other fee to a prospective
member to apply to serve as an AmeriCorps member is not allowed. Programs may
charge application fees to prospective members who are applying to their educational
institution or participating in their academic program if such fees are required of all
applicants, but not for applying to serve as an AmeriCorps member. For National Service
Criminal History Checks, AmeriCorps has allowed grant recipients to have applicants front
the cost as long as applicants are reimbursed for the expense. This is for both applicants
that are selected and those that are not.
C. Enrollment of selected members. The My AmeriCorps Portal is the mechanism through
which programs enter and update member records, including enrolling a member and
recording an individual's start date. Programs must enter applicants into the Portal prior to
their first day of service and in sufficient time for AmeriCorps to automatically or manually
3
EXHIBIT E
verify an individual's Social Security Number and citizenship eligibility. Program staff must
also certify that the applicant's required National Service Criminal History Check
components are completed and adjudicated no later than the day before their first day of
service. Applicants will not be permitted to enroll in the National Service Trust prior to
those steps occurring.
AmeriCorps expects member enrollments to be completed in the My AmeriCorps Portal
no later than eight (8) days after the start date of the member. An individual is presumed
to be an AmeriCorps member as of the start date reflected in the My AmeriCorps Portal.
Programs are responsible for ensuring the data values they enter via the My AmeriCorps
Portal are accurate and submitted within the required timeframes. AmeriCorps will rely
on the information entered by programs via the My AmeriCorps Portal. The member's
start of service date indicated on the Member Service Agreement/Contract should agree
with the value entered into the My AmeriCorps Portal.
D. Notice to AmeriCorps' National Service Trust. The recipient must notify AmeriCorps'
National Service Trust, via the My AmeriCorps Portal, within 30 days of a member's
completion of, suspension from, or release from, a term of service. Suspension of service is
defined as an extended period during which the member is not serving, nor accumulating
service hours or receiving AmeriCorps benefits. AmeriCorps members must complete
their own enrollment and exit forms on-line in the My AmeriCorps Member Portal except
in rare cases when the recipient program has received written approval to waive this
requirement from the Director of AmeriCorps State and National or her/his designee.
The recipient also must notify the Trust, via the My AmeriCorps Portal, when a change in a
member's term of service is approved and changed (i.e. from full-time to less than
fulltime or vice versa). Failure to report such changes within the required time frames
may result in sanctions to the recipient, up to and including, suspension or termination of
the award. Recipients or subrecipients meet notification requirements by using the
appropriate electronic system to inform AmeriCorps of changes within the required time
frames. Any questions regarding the Trust should be directed to the Hotline (800) 942-
2677.
E. Parental Consent. Parental or legal guardian consent must be obtained for members
under 18 years of age before members begin a term of service. Recipients may also
include an informed consent form of their own design as part of the member service
agreement materials.
F. Reasonable Accommodation. Programs and activities must be accessible to persons with
disabilities, and the recipient must provide reasonable accommodation for the known
mental or physical disabilities of otherwise qualified members, service recipients,
applicants, and staff. All selections and project assignments must be made without regard
to the need to provide reasonable accommodation. As such, inquiries about the need for
reasonable accommodation should take place after a member has been offered an
AmeriCorps position. There may be additional funding available from AmeriCorps to
offset the recipients' costs on a first come, first serve basis. Please email
Accommodations@cns.gov for more information.
4
EXHIBIT E
G. Assigning Members to Service Locations. The recipient is required to ensure that all
operating sites and all service locations are entered in the My AmeriCorps Portal for all
members within eight (8) calendar days of members' starting a term of service. The
recipient is required to include the name of the organization, and the full address or zip
plus -four of the service locations where each member will be serving. If a member is
serving at multiple service locations, the program must select as the site where the
member serves the majority of his or her hours as the member's primary assignment.
However, all service locations must be listed in the Portal.
H. Completion of Terms of Service. The recipient must ensure that each member has
sufficient opportunity to complete the required number of hours of service to qualify for
the education award. Members must be exited within 30 days of the end of their term of
service. If this grant award expires or is not renewed, a member who was scheduled to
continue in a term of service may either be placed in another program, where feasible, or
if the member has completed at least 15% of the service hour requirement, the member
may receive a pro -rated education award.
While programs have up to 30 days to report a member's completion of service, for those
individuals intending to re -enroll in AmeriCorps, programs must exit the members before
they can be re -enrolled in another term of service.
I. Member Exit. In order for a member to receive an education award from the National
Service Trust, the recipient must certify to the National Service Trust that the member
satisfactorily and successfully completed the term of service and is eligible to receive the
education benefit. The recipient (and any individual or entity acting on behalf of the
recipient) is responsible for the accuracy of the information certified on the end -of- term
certification.
Penalties for false information: Any recipient who makes a materially false statement or
representation in connection with the approval or disbursement of an education award or
other payment from the National Service Trust may be liable for the recovery of funds and
subject to civil sanctions. Any individual involved in making a materially false statement
may be subject to criminal sanctions. If AmeriCorps determines that the certification of a
member's hours is erroneous, the award recipient may be charged for any payment or
potential payment from the National Service Trust. In assessing the amount of the charge,
AmeriCorps shall consider the full facts and circumstances surrounding the erroneous or
incorrect certification. (See 42 U.S.C. §12602a(b)).
V. SUPERVISION AND SUPPORT
A. Planning for the Term of Service. The recipient must develop member positions that
provide for meaningful service activities and performance criteria that are appropriate to
the skill level of members. The recipient is responsible for ensuring that the positions do
not include or put the AmeriCorps member in a situation in which the member is at risk for
engaging in any prohibited activity (see 45 CFR § 2520.65), activity that would violate the
nonduplication and nondisplacement requirements (see 45 CFR § 2540.100), or
exceeding the limitations on allowable fundraising activity (see 45 CFR § 2520.40.45). The
5
EXHIBIT E
recipient must accurately and completely describe the activities to be performed by each
member in a position description. Position descriptions must be provided to AmeriCorps
upon request. The recipient must ensure that each member has sufficient opportunity to
complete the required number of hours to qualify for an education award. In planning for
the member's term of service, the recipient must account for holidays and other time off
and must provide each member with sufficient opportunity to make up missed hours.
B. Member Service Agreements. The recipient must require that each member sign a
member service agreement that includes, at a minimum, the following:
1. Member position description;
2. The minimum number of service hours (as required by statute) and other
requirements (as developed by the recipient) necessary to successfully complete
the term of service and to be eligible for the education award;
3. The amount of the education award being offered for successful completion of the
terms of service in which the individual is enrolling;
4. Standards of conduct, as developed by the recipient or sub recipient;
5. The list of prohibited activities, including those specified in the regulations at 45
CFR § 2520.65 (see paragraph C, below);
6. The text of 45 CFR § 2540.100(e( -(f), which relates to Nonduplication and
Nondisplacement;
7. The text of as 45 CFR § 2520.40 and 45 CFR § 2520.45, which relates to fundraising
by members;
8. Requirements under the Drug -Free Workplace Act (41 U.S.C. § 701 et seq.);
9. Civil rights requirements, complaint procedures, and rights of beneficiaries;
10. Suspension and termination rules;
11. The specific circumstances under which a member may be released for cause;
12. Grievance procedures; and
13. Other requirements established by the recipient.
The recipient should ensure that the service agreement is signed on or before
commencement of service but the effective date will not be before the member is enrolled
in the AmeriCorps Portal.
C. Prohibited Activities. While charging time to the AmeriCorps program, accumulating
service or training hours, or otherwise performing activities supported by the AmeriCorps
program or AmeriCorps, staff and members may not engage in the following activities
(see 45 CFR 9 2520.65):
1. Attempting to influence legislation;
2. Organizing or engaging in protests, petitions, boycotts, or strikes;
3. Assisting, promoting, or deterring union organizing;
4. Impairing existing contracts for services or collective bargaining agreements;
5. Engaging in partisan political activities, or other activities designed to influence the
outcome of an election to any public office;
6
EXHIBIT E
6. Participating in, or endorsing, events or activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed
legislation, or elected officials;
7 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;
8. Providing a direct benefit to —
a. A business organized for profit;
b. A labor union;
c. A partisan political organization;
d. A nonprofit organization that fails to comply with the restrictions contained
in section 501(c)(3) of the Internal Revenue Code of 1986 related to
engaging in political activities or substantial amount of lobbying except that
nothing in these provisions shall be construed to prevent participants from
engaging in advocacy activities undertaken at their own initiative; and
e. An organization engaged in the religious activities described in paragraph
C.7. above, unless AmeriCorps assistance is not used to support those
religious activities;
9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter
registration drive;
10. Providing abortion services or referrals for receipt of such services; and
11. Such other activities as AmeriCorps may prohibit.
In addition to the above activities, the below activities are additionally prohibited:
Census Activities. AmeriCorps members and volunteers associated with AmeriCorps
grants may not engage in census activities during service hours. Being a census taker
during service hours is categorically prohibited. Census -related activities (e.g., promotion
of the Census, education about the importance of the Census) do not align with
AmeriCorps State and National objectives. What members and volunteers do on their own
time is up to them, consistent with program policies about outside employment and
activities.
Election and Polling Activities. AmeriCorps member may not provide services for
election or polling locations or in support of such activities.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of the
activities listed above. Individuals may exercise their rights as private citizens and may
participate in the activities listed above on their initiative, on non-AmeriCorps time, and
using non- AmeriCorps funds. Individuals should not wear the AmeriCorps logo while
doing engaging in any of the above activities on their personal time.
7
EXHIBIT E
All locations where members serve should post a list of the prohibited activities, when
possible.
D. Supervision. The recipient must provide members with adequate supervision by
qualified supervisors consistent with the award. The recipient must conduct an orientation
for members, including training on what activities are prohibited during AmeriCorps
service hours, and comply with any pre -service orientation or training required by
AmeriCorps. The recipient must ensure that no more than 20 percent of the aggregate of
all AmeriCorps member service hours are spent in education and training activities as set
forth in 45 CFR § 2520.50.
E. Teleservice. AmeriCorps members should generally be providing service directly to the
people and in the communities where they serve rather than performing service remotely.
Therefore, teleservice should be limited to certain situations. Teleservice— like all service —
must have appropriate documentation, supervision and oversight.
A grantee may determine that teleservice is appropriate based on the situation and type
of service being delivered. Teleservice is appropriate only when the activity can be
meaningfully supervised and the hours verified independently. If a grantee or subgrantee
determines that its AmeriCorps members will be allowed to teleserve, the grantee must
establish or update an existing policy to address the following:
Expectations of the communication requirements between supervisors and
teleserving members
Mitigation of the increased risk of time and attendance abuse
Appropriate supervision including validation of the activities to be performed, and
Verification of hours claimed.
Further, the grantee should consider updating its insurance coverage to address legal
liability attribution (for the grantee or tele-serving member) for incidents that occur during
teleservice.
F. AmeriCorps Members as Team Leaders. Programs may create positions where
AmeriCorps members provide an additional layer of leadership and support for members
under certain conditions. All the activities and prohibitions that apply to AmeriCorps
members also apply to Team Leaders. Team Leaders are not permitted to act in a staff
capacity, including supervising members. Team Leaders must not be responsible for
program development and coordination; however, they may assist by providing
information and resources on best practices or by helping to develop portions of the
program such as the training curriculum. Under no circumstances should an AmeriCorps
member serving as a Team Leader be the individual legally responsible for the program
or other members.
The Team Leader position description should emphasize activities that involve the
member(s) in performing direct service or providing support to members engaged in
direct service. Unallowable Team Leader activities include: signing member timesheets;
evaluating member performance; disciplining AmeriCorps members; enrolling/dismissing
8
EXHIBIT E
AmeriCorps members; writing and/or signing program reports; managing the program's
payroll and budget.
G. Performance Reviews. The recipient must conduct and keep a record of at least a
midterm and an end -of -term written evaluation of each member's performance for
fulltime members and an end -of -term written evaluation for all less -than -full-time
members. The end -of -term evaluation should address, at a minimum, the following
factors:
1. Whether the member has completed the required number of hours;
2. Whether the member has satisfactorily completed assignments; and;
3. Whether the member has met other performance criteria that were clearly
communicated at the beginning of the term of service.
H. Timekeeping. The recipient is required to ensure that time and attendance
recordkeeping is conducted by the AmeriCorps member's supervisor. This time and
attendance record is used to document member eligibility for in-service and post service
benefits. The recipient must have a timekeeping system that is compliant with 2 CFR §
200.430.
If a Professional Corps program wants to follow the timekeeping practices of its profession
and certify that members have completed the minimum required hours, excluding sick
and vacation days, it must get advance written approval from AmeriCorps via a special
condition on an amendment. If a State Commission Formula -funded Professional Corps
program wants to follow the timekeeping practices of its profession and certify that
members have completed the minimum required hours, excluding sick and vacation days,
it must get advance written approval from the State Commission.
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,
healthcare coverage and, if applicable, childcare coverage regardless of any
reimbursements for incidental expenses received from the court.
J. Member Death or Injury. The recipient must immediately report any member deaths or
serious injuries to the designated AmeriCorps Portfolio Manager.
VI. CHANGES IN MEMBER POSITIONS
A. Changes that Require AmeriCorps Approval. Circumstances may arise within a program
that necessitate changing the type of unfilled AmeriCorps member positions awarded to a
recipient or subrecipient, or changing the term of service of a currently enrolled member.
Note that once a member is exited with a partial education award, the remaining portion
of that education award is not available for use. The following changes require written
approval from AmeriCorps' Office of Grant Administration as well as written approval and
concurrence from the State Commission or Direct (including National Direct, State Direct,
Tribal, Territory Direct, or Education Award Only (EAP)) recipient:
9
EXHIBIT E
1. A change in the number of member service year (MSY) positions in the award and
2. A change in the funding level of the award.
B. Changing Types of Unfilled member positions. Recipients or subrecipients may change
the type of member positions awarded to their program if:
1. The change does not increase the total MSYs authorized in the Notice of Grant
Award (e.g. one half-time position cannot be changed to one full-time position);
and
2. The change does not result in an increase in the aggregate value of the education
award.
Changes in the above types of member positions may be made by the recipient directly in
the My AmeriCorps Portal.
C. Changing a Term of Service for an enrolled Member. Changes in terms of service for
enrolled members may not result in an increased number of MSYs for the program.
1. Full-time. State Commissions and National Direct Organizations may authorize or
approve occasional changes of currently enrolled full-time members to less than
fulltime members. Impact on program quality should be factored into approval of
such requests. AmeriCorps -provided or funded healthcare or childcare costs are
not available for less than full-time members unless they are serving in a full-time
capacity (see section VIII.D. and E.). Recipients and subrecipients may not transfer
currently enrolled full-time members to a less than full-time status simply to provide
the member a less than full-time education award.
2. Less than Full-time. AmeriCorps discourages changing less than fulltime members
to full-time because it is very difficult to manage, unless done very early in the
member's term of service. State Commissions and Direct recipients (including
National Direct, State Direct, Tribal, Territory Direct, and Education Award Only
recipients) may authorize or approve such changes so long as their current budget
can accommodate such changes. Programs must keep in mind that a member's
minimum 1700 hours must be completed within 12 months of the member's
original start date.
D. Refilling Member Position. With the exception of recipients whose awards have special
conditions under 2 CFR § 200.208 or 200.339, AmeriCorps State and National programs
that have fully enrolled their awarded member positions are allowed to replace any
member who terminates service before completing 30 percent of his/her term provided
that the member who is terminated is not eligible for and does not receive a pro -rated
education award. Programs may not refill the same member position more than once.
As a fail-safe mechanism to ensure that resources are available in the National Service
Trust to finance all earned education awards, AmeriCorps will suspend refilling if either:
Total AmeriCorps enrollment reaches 97 percent of awarded member
10
EXHIBIT E
positions; or
b. The number of refills reaches five percent of awarded member positions.
Refill member positions may not be transferred between operating sites. Refilled member
positions may not be combined with unfilled member positions.
E. Formula and State Competitive Award Member Position Transfers. State commissions
are allowed to transfer member positions (i.e., slots) among their state formula and
competitive subrecipients within a given prime grant in order to maximize enrollment and
cost effectiveness without prior approval. State commissions may not transfer member
positions between competitive and formula subrecipients, or vice -versa. State
commissions may not transfer funds among their competitive subrecipients.
Moving member positions from one formula prime grant to another formula prime grant
requires prior approval, via amendments to both prime grants.
F. Notice to Childcare and Healthcare Providers. Recipients and subrecipients must
immediately notify AmeriCorps' designated agents, in writing, when a member's status
changes in a manner that affects their eligibility for childcare or healthcare. See Section
VIII.D.
VII. RELEASE FROM PARTICIPATION
Recipients may release members from participation for two reasons: (a) for compelling personal
circumstances; and (b) for cause. See 45 CFR § 2522.230 for requirements. Whether the reason
for the release amounts to circumstances beyond the member's control is determined by the
grant recipient, consistent with the criteria listed in 45 CFR § 2522.230(a). Failure to follow the
requirements set forth in regulation (e.g., releasing an individual for a non -compelling personal
circumstance, such as when the individual is leaving to go to school) is considered non-
compliance with award requirements and may result in disallowed costs and other remedies for
non-compliance. The recipient should retain the documentation supporting its determination that
release for compelling personal circumstances is warranted. In addition to the regulations, the
following applies:
No Automatic Disqualification if Released for Cause: A release for cause covers all
circumstances in which a member does not successfully complete his/her term of service for
reasons other than compelling personal circumstances. Therefore, it is possible for a member to
receive a satisfactory performance review and be released for cause. For example, a member
who is released for cause from a first term-e.g. the individual has decided to take a job offer -but
who otherwise performed well would not be disqualified from enrolling for a subsequent term as
long as the individual received a satisfactory performance evaluation for the first period of
service.
Compelling Personal Circumstance for Pregnancy/Childbirth: Pregnancy and/or childbirth
could be determined by the grantee to be compelling personal circumstances if the member
requests it. The program cannot require a member to justify wanting to leave a term of service for
pregnancy. Likewise, a program cannot require that a member leave their term of service due to a
EXHIBIT E
pregnancy - that would be an instance of discrimination on the basis of gender in violation of
AmeriCorps' anti -discrimination policy. A full-time member might qualify under the Family
Medical Leave Act if the member is covered, or the program could suspend the member so that
the member can return some time in the future (within 2 years) to complete their term of service.
VIII. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES
Requirements related to member living allowances and benefits are in 45 CFR § 2522.240 and
2522.250. In addition, recipients must ensure that the following procedures are followed:
A. Allowance Distribution. A living allowance is not a wage. Recipients must not pay a living
allowance on an hourly basis. Recipients should pay the living allowance in regular
increments, such as weekly or bi-weekly, paying an increased increment only on the basis
of increased living expenses such as food, housing, or transportation. Payments should
not fluctuate based on the number of hours served in a particular time period and must
cease when the member's service ceases.
If a member serves all required hours and is permitted to conclude his or her term of
service before the originally agreed upon end of term, the recipient may not provide a
lump sum payment to the member. Similarly, if a member is selected after the program's
start date, the recipient must provide regular living allowance payments from the
member's start date and may not increase the member's living allowance incremental
payment or provide a lump sum to make up any missed payments.
Education Award Program Fixed Amount awards (EAPs) may provide a liviig allowance or
other in-service benefits to their members, but are not required to do so. Full -cost and
other Fixed Amount recipients must provide a living allowance and other benefits to their
full-time members.
B. Waiving the Living Allowance. If a living allowance is paid, a member may waive all or
part of the payment of a living allowance if, for example, he or she believes his or her
public assistance may be lost or decreased because of the living allowance. Even if a
member waives his or her right to receive the living allowance, it is possible —depending
on the specific public assistance program rules —that the amount of the living allowance
that the member is eligible to receive will be deemed available. A member who has
waived the living allowance may revoke the waiver at any time and may begin receiving
the living allowance going forward from the date the individual revoked the waiver. A
member may not receive any portion of the living allowance for the period of time the
living allowance was waived.
C. Taxes and Insurance.
1. Liability Insurance Coverage. The recipient is responsible for ensuring adequate
general liability coverage for the organization, employees and members, including
coverage of members engaged in on- and off -site project activities_
2. FICA (Social Security and Medicare taxes). Unless the recipient obtains a ruling
from the Social Security Administration or the Internal Revenue Service that
12
EXHIBIT E
specifically exempts its AmeriCorps members from FICA requirements, the
recipient must pay FICA for any member receiving a living allowance. The recipient
also must withhold 7.65% from the member's living allowance.
3. Income Taxes. The recipient must withhold Federal personal income taxes from
member living allowances, requiring each member to complete a W-4 form at the
beginning of the term of service and providing a W-2 form at the close of the tax
year. The recipient must comply with any applicable state or local tax
requirements.
4. Worker's Compensation. Some states require worker's compensation for
AmeriCorps members. Recipients must check with State Departments of Labor or
state commissions to determine worker's compensation requirements. If worker's
compensation is not required, recipients must obtain Occupational, Accidental,
and Death and Dismemberment coverage for members to cover in- service injury
or incidents.
5. 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 may not
charge the cost of unemployment insurance taxes to the grant unless mandated by
state law. Programs are responsible for determining the requirements of state law
by consulting their State Commission, legal counsel, or the applicable state
agency.
D. Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under a
collective bargaining agreement, the recipient must provide, or make available, healthcare
insurance to those members serving a 1700 -hour full-time term who are not otherwise
covered by a healthcare policy at the time the member begins his/her term of service. The
recipient must also provide, or make available, healthcare insurance to members serving a
1700 -hour full-time term who lose coverage during their term of service as a result of
service or through no deliberate act of their own. AmeriCorps will not cover healthcare
costs for dependent coverage.
Less -than -full-time members who are serving in a full-time capacity for a sustained period
of time (e.g. a full-time summer project) are eligible for healthcare benefits. Programs may
provide health insurance to less -than- full-time members serving in a full-time capacity, but
they are not required to do so. For purposes of this provision, a member is serving in a full-
time capacity when his/her regular term of service will involve performing service on a
normal full-time schedule for a period of six weeks or more. A member may be serving in
a full-time capacity without regard to whether his/her agreed term of service will result in a
full-time Segal AmeriCorps Education Award.
Any of the following health insurance options will satisfy the requirement for health
insurance for full-time AmeriCorps members (or less than fulltime members serving in a
full-time capacity): staying on parents' or spouse plan; insurance obtained through the
Federal Health Insurance Marketplace of at least the Bronze level plan; insurance obtained
through private insurance broker; Medicaid, Medicare or military benefits. AmeriCorps
programs purchasing their own health insurance for members must ensure plans are
13
EXHIBIT E
minimum essential coverage (MEC) and meet the requirements of the Affordable Care
Act.
On Friday May 2, 2014 the U.S. Department of Health and Human Services (HHS)
announced a Special Enrollment Period (SEP) for members in AmeriCorps State and
National programs, who are not provided health insurance options or who are provided
short-term limited duration coverage or self -funded coverage not considered MEC.
Members in the AmeriCorps State and National programs and their dependents in the
Federally -facilitated Marketplace (FFM) are eligible to enroll in Marketplace coverage
when they experience the following triggering events:
• On the date they begin their service terms; and
On the date they lose any coverage offered through their program after their
service term ends. (Source: 45 CFR § 155.420(d((9)).
Members have 60 days from the triggering event to select a plan.
Coverage effective date is prospective based on the date of plan selection. Members can
also visit healthcare.gov and https://www.cros.gov/CCIIO/Resources/Regulations-and-
Guidance/Downloads/SEP-and-hardship-FAQ-5-1-2014.pdf for additional information
about special enrollment periods.
If coverage is being provided via the Healthcare Marketplace, and thus third -party
payment is not an option, programs must develop a process to reimburse members for
monthly premiums. Reimbursements for health insurance premiums are considered
taxable income for the member, and programs must have a way to document such
reimbursements.
E. Temporary Leave, Healthcare, and Benefits. If temporary leave is appropriate, grantees
have the flexibility to determine the duration of the absence and may choose to continue
providing health or other benefits to the member during the period of absence. The
member may be suspended (via compelling personal circumstances) during the period of
temporary leave. If suspended, the member may not receive a living allowance.
The length of the leave should be based on two considerations: (1) the circumstances of
the situation; and (2) the impact of the absence on the member's service experience and
on the overall program. If the disruption would seriously compromise the member's
service experience or the quality of the program as a whole, then the grantee may offer
the member the option of rejoining the program in the next class or completely
withdrawing from the program.
The Federal Family Medical Leave Act, (FMLA) applies to full-time staff and members that
have served for more than 12 months and at least 1,250 hours when the grantee has 50 or
more employees/members at a work/service site per 29 U.S.C. 2611. See 42 U.S.C. 12631;
45 CFR § 2540.220.
F. Administration of Childcare Payments. In general, AmeriCorps will provide for childcare
payments, which will be administered through an outside contractor.
14
EXHIBIT E
Requirements and eligibility criteria are in the AmeriCorps regulations, 45 CFR §
2522.250. AmeriCorps will not cover childcare costs for members who serve on a less
than full-time basis for a sustained period of time, or who have ceased serving. Programs
may provide childcare to less -than -full-time members serving in a full-time capacity, but
they are not required to do so. Recipients that choose to provide childcare and will claim
the costs of childcare as matching costs, as approved in their budget, may contact the
childcare contractor for technical assistance. The criteria for member eligibility are
contained in 45 CFR § 2522.250. Also, see the AmeriCorps Childcare Benefits Program
website (https://americorpschildcare.com/) for more detailed information on childcare
benefits.
G. Notice to Childcare Benefit Administrator and Providers. The program must notify
AmeriCorps' designated agents in writing within five business days after a member's status
changes in a manner that affects the member's eligibility for childcare. After five days, the
recipient will be liable for any erroneous payments made to a childcare provider for an
AmeriCorps member ineligible to receive AmeriCorps childcare benefits. Examples of
changes in status include: changes to a member's scheduled service so that he/she is no
longer serving on a full-time basis, terminating or releasing a member from service,
suspending a member for cause for a lengthy or indefinite time period, temporarily
suspending a member for cause and/or other disciplinary actions, and/or any other
change in the member's service status that could have an impact on childcare benefit
eligibility. Program directors should contact the childcare provider on childcare related
changes.
H. Time off for Members Serving in the Armed Forces Reserves. Generally, the Reserve
Components of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps, U.S. Coast
Guard, the Army National Guard, and the Air National Guard require reservists to serve
one weekend a month (inactive duty/Drill) 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 members' AmeriCorps service as a result of discharging
responsibilities related to their reservist duties. If members have a choice of when to fulfill
their annual two-week active duty requirement, they should do so when it will not disrupt
their AmeriCorps service. In instances where the dates of active duty are inflexible and
conflict with AmeriCorps service, members should be granted a leave of absence for the
two-week period of active duty service in the Reserves. Grantees should continue to pay
the living allowance and provide health care and childcare coverage for the two-week
period of active duty.
Grantees should credit members for AmeriCorps service hours during their two weeks of
active duty service in the Reserves if it occurs during their AmeriCorps service. The
member would receive credit for the number of hours he or she would have served during
that period had there been no interruption. For example, if a full-time member is signed
up to serve 30 hours of AmeriCorps service one week and 40 hours of AmeriCorps service
on the following week, she or he would receive 70 hours of AmeriCorps service credit for
the two weeks of active duty service regardless of the actual number of hours served in the
Reserves. For a Reservist/Guard member serving more than two weeks active duty in a
year, a grantee may elect to provide an extension to the leave of absence period on a case
15
EXHIBIT E
by case basis, after consultation with AmeriCorps. No AmeriCorps service credit is earned
for the once -a -month weekend (inactive duty/Drill) service 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.
IX. MEMBER RECORDS AND CONFIDENTIALITY
A. Recordkeeping. The recipient must maintain records, including the position description,
sufficient to establish that each member was eligible to participate and that the member
successfully completed all program requirements. A program may store member files
electronically and use electronic signatures if the program can ensure the validity and
integrity of the record and signature is maintained.
The program's electronic storage procedures and system must provide for the
safekeeping and security of the records, including:
1. Sufficient prevention of unauthorized alterations or erasures of records;
2. Effective security measures to ensure that only authorized persons have access to
records;
3. Adequate measures designed to prevent physical damage to records; and
4. A system providing for back-up and recovery of records; and
The electronic storage procedures and system provide for the easy retrieval of records in a
timely fashion, including:
1. Storage of the records in a physically accessible location;
2. Clear and accurate labeling of all records; and
3. Storage of the records in a usable, readable format.
B. Verification of Eligibility. Unless an individual's social security number and citizenship
are verified through the My AmeriCorps Portal, the recipient must obtain and maintain
documentation as required by 45 CFR § 2522.200(c). Programs that receive notice that
one of their members was not verified - either the member's social security number or
their citizenship was not verified - must provide the requested documentation to
AmeriCorps or they will not be able to enroll the applicant in the program. Enrolling in the
My AmeriCorps Portal requires members to certify their high school status. Such
certification fulfills the recipient's verification requirement to obtain and maintain
documentation from the member relating to the member's high school education. If the
member is incapable of obtaining a high school diploma or its equivalent, as determined
by an independent evaluation, the recipient must retain a copy of the supporting
evaluation.
C. Confidential Member Information. The recipient must maintain the confidentiality of
information regarding individual members. The recipient must obtain the prior written
consent of all members before using their names, photographs and other identifying
information for publicity, promotional or other purposes. Recipients may release
16
EXHIBIT E
aggregate and other non -identifying information and are required to release member
information to AmeriCorps and its designated contractors. The recipient must permit a
member who submits a written request for access to review records that pertain to the
member and were created pursuant to this award.
D. National Service Criminal History Check. The specific requirements of the National
Service Criminal History Check, including the timing and recordkeeping requirements, are
specified at 45 CFR 5 2540.200-207. See also https://americorps.gov/grantees-
sponsors/history-check for more information on how to correctly conduct and document
the NSCHC. You must maintain documentation of the NSCHC, including the results or
summary of the component checks. Failure to adhere to the NSCHC requirements may
result in sanctions, including disallowance of all or part of the costs associated with the
non-compliance or other remedies that may be legally available (see 2 CFR § 200.339).
Recipients or subrecipients of AmeriCorps planning grants, defined at 45 CFR § 2521.20,
are not included as entities required to comply with NSCHC listed under 45 CFR §
2540.200.
X. BUDGET AND PROGRAMMATIC CHANGES
A. Programmatic Changes. The recipient must first obtain the prior written approval of the
AmeriCorps Portfolio Manager before making any of the following changes (1-3):
1. Changes in the scope, objectives or goals of the program, whether or not they
involve budgetary changes;
2. Substantial changes in the level of member supervision;
3. Entering into additional sub awards or contracts for AmeriCorps activities funded
by the award, but not identified or included in the approved application and award
budget.
Upon notification to the AmeriCorps Portfolio Manager, recipients may make
programmatic changes due to, or in response to, an officially -declared state or national
disaster without written approval from AmeriCorps. As soon as practicable, recipients
making disaster -related programmatic changes must discuss the recordkeeping, member
activities, performance measure adjustments, and other AmeriCorps award requirements
with the AmeriCorps Portfolio Manager. While written approval from AmeriCorps is not
required before making disaster -related programmatic changes, AmeriCorps reserves the
right to limit or deny disaster -related programmatic changes, including disallowing costs
associated with the disaster related activities.
B. Program Changes for Formula Programs. State Commissions are responsible for
approving the above changes for state formula programs.
C. Budgetary Changes. The recipient must obtain the prior written approval of AmeriCorps'
Office of Grant Administration before deviating from the approved budget in any of the
following ways:
17
EXHIBIT E
1. Specific Costs Requiring Prior Approval before Incurrence under the uniform
administrative requirement, cost principles, and audit requirements for Federal
awards at 2 CFR Parts 200 and 2205. Certain cost items in 2 CFR Parts 200 and
2205 require approval of the awarding agency for the cost to be allowable such as
pre -award costs. Please ensure you consult the regulations prior to incurring costs
to ensure allowability.
2. Purchases of Equipment over $5,000 using award funds, unless specified in the
approved application and budget.
3. Unless the AmeriCorps share of the award is $100,000 or less, changes to
cumulative and/or aggregate budget line items that amount to 10 percent or more
of the total budget must be approved in writing in advance by AmeriCorps. The
total budget includes both the AmeriCorps and recipient shares. Recipients may
transfer funds among approved direct cost categories when the cumulative amount
of such transfers does not exceed 10 percent of the total budget.
D. Approvals of Programmatic and Budget Changes. AmeriCorps' Portfolio Managers are
the only officials who have the authority to alter or change the terms and conditions or
requirements of the award. Portfolio Managers will execute written amendments, and
recipients should not assume approvals have been granted unless documentation from
the Office of Grant Administration (OGA) has been received via a Notice of Grant Award.
Programmatic changes also require final approval of AmeriCorps' OGA after written
recommendation for approval is received from the Portfolio Manager.
E. Exceptions for Fixed Amount Awards. Recipients with Fixed Amount awards are not
subject to the requirements in Section C., Budgetary Changes, above.
XI. REPORTING REQUIREMENTS
This section applies only to the recipient. The recipient is responsible for timely submission of
periodic financial and progress reports during the project period and a final programmatic and
financial report. The recipient is responsible for setting submission deadlines for its respective
subrecipients that ensure the timely submission of recipient reports.
A. Project Progress Reports. The recipient shall complete and submit annual project
progress reports (PPRs) in eGrants to report on progress toward achievement of its
approved performance targets.
For AmeriCorps program grants (grants that include member positions), the Project
Progress Report schedule is as follows:
Due Date
Reporting Period Covered
Start of award year through September 30
November 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final Project
Progress Report (see section F).
iv
EXHIBIT E
B. Financial Reports. The recipient shall complete and submit financial reports in eGrants
(Financial Status Reports on menu tree) to report the status of all funds. The recipient must
submit timely cumulative financial reports in accordance with AmeriCorps guidelines
according to the following schedule:
Due Date
Reporting Period Covered
Start of award through March 31
April 1 - September 30
April 30
October 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final Financial
Report (see section E).
C. Reporting Other Federal Funds. The recipient shall report the amount and sources of
federal funds, other than those provided by AmeriCorps, claimed as matching funds. This
includes other federal funds expended by subrecipients and operating sites and claimed
as match. This information shall be reported annually on the financial report due October
30 or at the time the final financial report is submitted if the final report is due prior to
October 30. Fixed Amount recipients are not required to report this information.
D. Requests for Extensions. Each recipient must submit required reports by the given dates.
Extensions of reporting deadlines will be granted only when: 1) the report cannot
be furnished in a timely manner for reasons, in the determination of AmeriCorps,
legitimately beyond the control of the recipient; and, 2) AmeriCorps receives a written
request explaining the need for an extension before the due date of the report.
Extensions of deadlines for financial reports may only be granted by the AmeriCorps
Portfolio Manager, and extensions of deadlines for progress reports may only be granted
by the AmeriCorps Portfolio Manager.
E. Final Finandal Reports. Recipients completing the final year of their award must submit,
in lieu of the last semi-annual financial report, a final financial report in eGrants. This final
financial report is due no later than 120 days after the end of the project period.
F. Final Project Progress Reports. A recipient must submit, in addition to the last annual
project progress report, a final project progress report. This final report is due no later
than 120 days after the end of the period of performance.
G. Financial Reports for Fixed Amount Awards. Fixed Amount recipients are not required
to submit financial reports to AmeriCorps, including the final financial report.
XII. AWARD PERIOD AND INCREMENTAL FUNDING
For the purpose of this award, a project period is the complete length of time the recipient is
proposed to be funded to complete approved activities under the award. A project period may
contain one or more budget periods. A budget period is a specific interval of time for which
Federal funds are being provided to fund a recipient's approved activities and budget.
19
EXHIBIT E
Unless otherwise specified, the award covers a three-year project period. In approving a multiyear
project period, AmeriCorps generally makes an initial award for the first year of operation.
Additional funding is contingent upon satisfactory performance, a recipient's demonstrated
capacity to manage an award and comply with award requirements, and the availability of
Congressional appropriations. AmeriCorps reserves the right to adjust the amount of an award
or elect not to continue funding for subsequent years. The project period and the budget period
are noted on the award document.
A planning grant covers a one-year project period.
The member enrollment period is the time period during which a program may enroll individuals
as AmeriCorps members. The enrollment period for subrecipients and operating sites may not
exceed one year.
XIII. PROGRAM INCOME
A. General. Income, including fees for service earned as a direct result of the award -funded
program activities during the award period, must be retained by the recipient and used to
finance the award's non- AmeriCorps share.
B. Excess Program Income. Program income earned in excess of the amount needed to
finance the recipient share must follow the appropriate requirements of 2 CFR Part 200
and be deducted from total claimed costs. Recipients that earn excess income must
specify the amount of the excess in the comment box on the financial report.
C. Fees for Service. When using assistance under this award, the recipient may not enter
into a contract for or accept fees for service performed by members when:
1. The service benefits a for-profit entity,
2. The service falls within the other prohibited activities set forth in these award
provisions, or
3. The service violates the provisions of 42 U.S.C. § 12637 - Nonduplication and
Nondisplacement.
D. Full -Cost and Professional Corps Fixed Amount Awards. The recipient must notify its
AmeriCorps Portfolio Manager if it earns program income in excess of the amounts
needed to cover all expenditures under the award. The AmeriCorps Portfolio Manager will
determine the disposition of the excess program income.
XIV. SAFETY
The recipient must institute safeguards as necessary and appropriate to ensure the safety of
members. Members may not participate in projects that pose undue safety risks.
20
EXHIBIT E
XV. NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING
All recipients and subrecipients must complete and retain a certificate of completion of the
AmeriCorps' National Service Criminal History Check (NSCHC) eCourse training every year to
ensure that recipients and subrecipients conducting criminal history background checks comply
with all NSCHC requirements. The AmeriCorps designated eCourse provides a thorough
overview of the requirements and can be found at:
https://americorpsonlinecourses.litmos.com?C=325500. Each grant recipient and subrecipient must
identify at minimum one staff person who has some responsibility for NSCHC compliance to fulfill
this requirement on behalf of the grant recipient or subrecipient. The grant recipient and
subrecipient must retain the certificate of completion and assign staff to retake the course
annually prior to the expiration of the certificate. Grant recipients and subrecipients should save
certificates of completion from each year as grant records.
XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING
All recipients and subrecipients must complete and retain a certificate of completion of the
AmeriCorps' Key Concepts of Financial Grants Management eCourse training every year to
ensure that recipients and subrecipients are aware of major financial grants management
requirements for all federal recipients and subrecipients. The AmeriCorps designated eCourse
provides a thorough overview of the requirements and can be found
at: https://americorpsonlinecourses.litmos.com/account/login/?C=7513619.
Each grant recipient and subrecipient must identify at minimum one staff person who has some
responsibility for financial grants management compliance to fulfill this requirement on behalf of
the grant recipient or subrecipient. The grant recipient and subrecipient must retain the certificate
of completion and assign staff to retake the course annually prior to the expiration of the
certificate. Grant recipients and subrecipients must save certificates of completion from each year
as grant records.
XVII. FIXED AMOUNT AWARDS
Fixed Amount awards are not subject to the cost principles in 2 CFR, Part 200, Subpart E. Fixed
Amount awards must comply with the remaining provisions of 2 CFR Part 200, including Subpart
F relating to audit requirements. Fixed Amount awards include Education Award program (EAP)
Fixed Amount awards, Professional Corps Fixed Amount awards, and Full -cost Fixed Amount
awards.
For Education Award programs (EAP), the fixed federal assistance amount of the award is based
on the approved and awarded number of full-time members specified in the award. For full -cost
and Professional Corps Fixed Amount awards, the fixed federal assistance amount of the award is
based on the approved and awarded numbers of full-time members and the members'
completion of their terms of service.
For EAPs, the final amount of award funds that the recipient may retain is dependent upon the
recipient's notifying AmeriCorps' National Service Trust of the members that it has enrolled. All
EAP members must carry out activities to achieve the specific project objectives as approved by
AmeriCorps. At closeout, AmeriCorps will use the Fixed Award Certification submitted by prime
21
EXHIBIT E
grantees that certifies all funds drawn do not exceed the amount earned based on the number of
members enrolled.
For full -cost and Professional Corps fixed amount awards, the recipient may draw funds from the
HHS Payment Management System based on the number of members who complete a full term
of service or if the member leaves before completing service, a pro -rated amount based on hours
served. At closeout, AmeriCorps will use the Fixed Award Certification submitted by prime
grantees that certifies all funds drawn do not exceed the amount earned based on the number of
hours served by the members.
XVIII. EVALUATION PLANS
If an AmeriCorps State competitive subgrantee or National and Native Nation/Indian Tribe
grantee has received at least three years of competitive funding for a project, they are required to
submit an evaluation plan when they recompete for competitive AmeriCorps funding for the
same project. The evaluation plans are reviewed and approved by AmeriCorps. Any evaluation
plan that is not approved in its first submission must be revised and resubmitted for approval. The
evaluation plan must receive final approval by AmeriCorps no later than August 31 of the year
following the grant award. More information on AmeriCorps State and National evaluation
requirements is available at State and National Direct Grantees 1 AmeriCorps.
22
EXHIBIT F
2023 Terms and Conditions for AmeriCorps State and National Grants
These AmeriCorps (AmeriCorps is the operating name for the Corporation for National and
Community Service) Grant Program Specific Terms and Conditions and the 2023 AmeriCorps
General Terms and Conditions, are binding on the recipient.
Table of Contents
I. CHANGES FROM THE 2022 AMERICORPS GRANT TERMS AND CONDITIONS 1
II. DEFINITIONS 2
III. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK 3
IV. MEMBER RECRUITMENT, SELECTION, AND EXIT 3
V. SUPERVISION AND SUPPORT 5
VI. CHANGES IN MEMBER POSITIONS 9
VII. RELEASE FROM PARTICIPATION 11
VIII. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES 12
IX. MEMBER RECORDS AND CONFIDENTIALITY 16
X. BUDGET AND PROGRAMMATIC CHANGES 17
XI. REPORTING REQUIREMENTS 18
XII. AWARD PERIOD AND INCREMENTAL FUNDING 19
XIII. PROGRAM INCOME 20
XIV. SAFETY 20
XV. NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING 21
XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING 21
XVII. FIXED AMOUNT AWARDS 21
XVIII. EVALUATION PLANS 22
I. CHANGES FROM THE 2022 AMERICORPS GRANT TERMS AND CONDITIONS
Section VIII.H: Added language for the extension of leave of absence for Reservist/Guard
members
Section IX. Corrected citations, added a link for guidance, and added information related to
planning grants
Section XI. Removed the HHS/PMS reporting requirements
Section XI.C: Corrected the due date for reporting other federal funds to align with the FFR
due date
Section XVI: Added annual Key Concepts of Financial Grants Management
eCourse requirement
EXHIBIT F
- Section XVII: Removed references to the CARES Act, with the announced expiration of the
federal public health emergency
- Section XVII: Replaced AmeriCorps calculating final award amounts with the Fixed Award
Certification submitted by prime grantees at closeout
II. DEFINITIONS
A. Recipient, for the purposes of these terms and conditions, the direct recipient of this
award. The recipient is legally accountable to AmeriCorps for the use of award funds,
and/or member positions, and is bound by the provisions of the award. The recipient is
responsible for ensuring that subrecipients or other organizations carrying out activities
under this award comply with all applicable Federal requirements, including the
AmeriCorps General Terms and Conditions, these specific terms and conditions,
regulations applicable to the program, and the National and Community Service Act of
1990, as amended by the Serve America Act (NCSA).
B. Planning Grant, for the purposes of these terms and conditions, is an award or subaward
for the planning of a national service program. State Service Commissions may also award
planning grants as part of their Formula Cost Reimbursement prime award. Planning
grants do not include member positions. Planning grants are awarded for a maximum of
one year.
C. Subrecipient refers to an organization receiving AmeriCorps award funds and/or member
positions from a recipient of AmeriCorps funds. See 2 CFR § 200.93.
D. Operating site means the organization that manages the AmeriCorps program and
places members into service locations. State subrecipients (programs) are operating sites.
National recipients must identify at least one operating site to which they can assign
service locations in the state where they are placing members.
E. Program refers to the activities supported under the award.
F. Service Location means the organization where or with which a member actually provides
his or her service in the community. Typical service locations are schools, food banks,
health clinics, community parks, etc. The service location may be the same as the
operating site, but only if the member actually serves at or with the operating site
organization. A member may serve at multiple service locations, all of which must be listed
in the Portal, although the program must select only one for the member's primary
assignment.
G. Member or participant means an individual:
1. Who has been selected by a recipient or subrecipient to serve in an approved
national service position;
2. Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United
States;
3. Who is at least 17 years of age at the commencement of service unless the member
is out of school and enrolled in a full-time, year-round youth corps or fulltime
2
EXHIBIT F
summer program as defined in the NCSA (42 U.S.C. § 12572 (a)(3)(B)(x)), in which
case he or she must be between the ages of 16 and 25, inclusive, and
4. Who has received a high school diploma or its equivalent, agrees to obtain a high
school diploma or its equivalent (unless this requirement is waived based on an
individual education assessment conducted by the program) and the individual did
not drop out of an elementary or secondary school to enroll in the program, or is
enrolled in an institution of higher education on an ability to benefit basis and is
considered eligible for funds under 20 U.S.C. § 1091.
H. NCSA means the National and Community Service Act of 1990, as amended. See 42
U.S.C. § 12501-12657.
III. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK
A. Identification as an AmeriCorps Program or Member. Recipients and subrecipients
shall identify their programs or projects as AmeriCorps programs. All agreements with
subrecipients, operating sites, or service locations, related to the AmeriCorps program
must explicitly state that the program is an AmeriCorps program. Similarly, recipients and
subrecipients shall identify all national service members serving in their programs
AmeriCorps members.
B. The FY 2023 General Terms and Conditions contain all requirements for recognition of
AmeriCorps Support.
IV. MEMBER RECRUITMENT, SELECTION, AND EXIT
Member recruitment and selection requirements are in AmeriCorps' regulations at 45 CFR §
2522.210 and Part 2540, subpart B. In addition, the recipient must ensure that the following
procedures are followed:
A. Member Listings/Position Descriptions in the My AmeriCorps Portal. Programs must
list all of their member listings/position descriptions by creating Service Opportunity
Listings in the My AmeriCorps Portal.
B. Application and Other Fees. Charging an application or other fee to a prospective
member to apply to serve as an AmeriCorps member is not allowed. Programs may
charge application fees to prospective members who are applying to their educational
institution or participating in their academic program if such fees are required of all
applicants, but not for applying to serve as an AmeriCorps member. For National Service
Criminal History Checks, AmeriCorps has allowed grant recipients to have applicants front
the cost as long as applicants are reimbursed for the expense. This is for both applicants
that are selected and those that are not.
C. Enrollment of selected members. The My AmeriCorps Portal is the mechanism through
which programs enter and update member records, including enrolling a member and
recording an individual's start date. Programs must enter applicants into the Portal prior to
their first day of service and in sufficient time for AmeriCorps to automatically or manually
3
EXHIBIT F
verify an individual's Social Security Number and citizenship eligibility. Program staff must
also certify that the applicant's required National Service Criminal History Check
components are completed and adjudicated no later than the day before their first day of
service. Applicants will not be permitted to enroll in the National Service Trust prior to
those steps occurring.
AmeriCorps expects member enrollments to be completed in the My AmeriCorps Portal
no later than eight (8) days after the start date of the member. An individual is presumed
to be an AmeriCorps member as of the start date reflected in the My AmeriCorps Portal.
Programs are responsible for ensuring the data values they enter via the My AmeriCorps
Portal are accurate and submitted within the required timeframes. AmeriCorps will rely
on the information entered by programs via the My AmeriCorps Portal. The member's
start of service date indicated on the Member Service Agreement/Contract should agree
with the value entered into the My AmeriCorps Portal.
D. Notice to AmeriCorps' National Service Trust. The recipient must notify AmeriCorps'
National Service Trust, via the My AmeriCorps Portal, within 30 days of a member's
completion of, suspension from, or release from, a term of service. Suspension of service is
defined as an extended period during which the member is not serving, nor accumulating
service hours or receiving AmeriCorps benefits. AmeriCorps members must complete
their own enrollment and exit forms on-line in the My AmeriCorps Member Portal except
in rare cases when the recipient program has received written approval to waive this
requirement from the Director of AmeriCorps State and National or her/his designee.
The recipient also must notify the Trust, via the My AmeriCorps Portal, when a change in a
member's term of service is approved and changed (i.e. from full-time to less than
fulltime or vice versa). Failure to report such changes within the required time frames
may result in sanctions to the recipient, up to and including, suspension or termination of
the award. Recipients or subrecipients meet notification requirements by using the
appropriate electronic system to inform AmeriCorps of changes within the required time
frames. Any questions regarding the Trust should be directed to the Hotline (800) 942-
2677.
E. Parental Consent. Parental or legal guardian consent must be obtained for members
under 18 years of age before members begin a term of service. Recipients may also
include an informed consent form of their own design as part of the member service
agreement materials.
F. Reasonable Accommodation. Programs and activities must be accessible to persons with
disabilities, and the recipient must provide reasonable accommodation for the known
mental or physical disabilities of otherwise qualified members, service recipients,
applicants, and staff. All selections and project assignments must be made without regard
to the need to provide reasonable accommodation. As such, inquiries about the need for
reasonable accommodation should take place after a member has been offered an
AmeriCorps position. There may be additional funding available from AmeriCorps to
offset the recipients' costs on a first come, first serve basis. Please email
Accommodations@cns.gov for more information.
4
EXHIBIT F
G. Assigning Members to Service Locations. The recipient is required to ensure that all
operating sites and all service locations are entered in the My AmeriCorps Portal for all
members within eight (8) calendar days of members' starting a term of service. The
recipient is required to include the name of the organization, and the full address or zip
plus -four of the service locations where each member will be serving. If a member is
serving at multiple service locations, the program must select as the site where the
member serves the majority of his or her hours as the member's primary assignment.
However, all service locations must be listed in the Portal.
H. Completion of Terms of Service. The recipient must ensure that each member has
sufficient opportunity to complete the required number of hours of service to qualify for
the education award. Members must be exited within 30 days of the end of their term of
service. If this grant award expires or is not renewed, a member who was scheduled to
continue in a term of service may either be placed in another program, where feasible, or
if the member has completed at least 15% of the service hour requirement, the member
may receive a pro -rated education award.
While programs have up to 30 days to report a member's completion of service, for those
individuals intending to re -enroll in AmeriCorps, programs must exit the members before
they can be re -enrolled in another term of service.
I. Member Exit. In order for a member to receive an education award from the National
Service Trust, the recipient must certify to the National Service Trust that the member
satisfactorily and successfully completed the term of service and is eligible to receive the
education benefit. The recipient (and any individual or entity acting on behalf of the
recipient) is responsible for the accuracy of the information certified on the end -of- term
certification.
Penalties for false information: Any recipient who makes a materially false statement or
representation in connection with the approval or disbursement of an education award or
other payment from the National Service Trust may be liable for the recovery of funds and
subject to civil sanctions. Any individual involved in making a materially false statement
may be subject to criminal sanctions. If AmeriCorps determines that the certification of a
member's hours is erroneous, the award recipient may be charged for any payment or
potential payment from the National Service Trust. In assessing the amount of the charge,
AmeriCorps shall consider the full facts and circumstances surrounding the erroneous or
incorrect certification. (See 42 U.S.C. §12602a(b)).
V. SUPERVISION AND SUPPORT
A. Planning for the Term of Service. The recipient must develop member positions that
provide for meaningful service activities and performance criteria that are appropriate to
the skill level of members. The recipient is responsible for ensuring that the positions do
not include or put the AmeriCorps member in a situation in which the member is at risk for
engaging in any prohibited activity (see 45 CFR § 2520.65), activity that would violate the
nonduplication and nondisplacement requirements (see 45 CFR § 2540.100), or
exceeding the limitations on allowable fundraising activity (see 45 CFR § 2520.40.45). The
5
EXHIBIT F
recipient must accurately and completely describe the activities to be performed by each
member in a position description. Position descriptions must be provided to AmeriCorps
upon request. The recipient must ensure that each member has sufficient opportunity to
complete the required number of hours to qualify for an education award. In planning for
the member's term of service, the recipient must account for holidays and other time off
and must provide each member with sufficient opportunity to make up missed hours.
B. Member Service Agreements. The recipient must require that each member sign a
member service agreement that includes, at a minimum, the following:
1. Member position description;
2. The minimum number of service hours (as required by statute) and other
requirements (as developed by the recipient) necessary to successfully complete
the term of service and to be eligible for the education award;
3. The amount of the education award being offered for successful completion of the
terms of service in which the individual is enrolling;
4. Standards of conduct, as developed by the recipient or sub recipient;
5. The list of prohibited activities, including those specified in the regulations at 45
CFR 5 2520.65 (see paragraph C, below);
6. The text of 45 CFR § 2540.100(e) -(f), which relates to Nonduplication and
Nondisplacement;
7. The text of as 45 CFR § 2520.40 and 45 CFR § 2520.45, which relates to fundraising
by members;
8. Requirements under the Drug -Free Workplace Act (41 U.S.C. § 701 et seq.);
9. Civil rights requirements, complaint procedures, and rights of beneficiaries;
10. Suspension and termination rules;
11. The specific circumstances under which a member may be released for cause;
12. Grievance procedures; and
13. Other requirements established by the recipient.
The recipient should ensure that the service agreement is signed on or before
commencement of service but the effective date will not be before the member is enrolled
in the AmeriCorps Portal.
C. Prohibited Activities. While charging time to the AmeriCorps program, accumulating
service or training hours, or otherwise performing activities supported by the AmeriCorps
program or AmeriCorps, staff and members may not engage in the following activities
(see 45 CFR § 2520.65):
1. Attempting to influence legislation;
2. Organizing or engaging in protests, petitions, boycotts, or strikes;
3. Assisting, promoting, or deterring union organizing;
4. Impairing existing contracts for services or collective bargaining agreements;
5. Engaging in partisan political activities, or other activities designed to influence the
outcome of an election to any public office;
6
EXHIBIT F
6. Participating in, or endorsing, events or activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed
legislation, or elected officials;
7. 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;
8. Providing a direct benefitto—
a. A business organized for profit;
b. A labor union;
c. A partisan political organization;
d. A nonprofit organization that fails to comply with the restrictions contained
in section 501(c)(3) of the Internal Revenue Code of 1986 related to
engaging in political activities or substantial amount of lobbying except that
nothing in these provisions shall be construed to prevent participants from
engaging in advocacy activities undertaken at their own initiative; and
e. An organization engaged in the religious activities described in paragraph
C.7. above, unless AmeriCorps assistance is not used to support those
religious activities;
9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter
registration drive;
10. Providing abortion services or referrals for receipt of such services; and
11. Such other activities as AmeriCorps may prohibit.
In addition to the above activities, the below activities are additionally prohibited:
Census Activities. AmeriCorps members and volunteers associated with AmeriCorps
grants may not engage in census activities during service hours. Being a census taker
during service hours is categorically prohibited. Census -related activities (e.g., promotion
of the Census, education about the importance of the Census) do not align with
AmeriCorps State and National objectives. What members and volunteers do on their own
time is up to them, consistent with program policies about outside employment and
activities.
Election and Polling Activities. AmeriCorps member may not provide services for
election or polling locations or in support of such activities.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of the
activities listed above. Individuals may exercise their rights as private citizens and may
participate in the activities listed above on their initiative, on non-AmeriCorps time, and
using non- AmeriCorps funds. Individuals should not wear the AmeriCorps logo while
doing engaging in any of the above activities on their personal time.
7
EXHIBIT F
All locations where members serve should post a list of the prohibited activities, when
possible.
D. Supervision. The recipient must provide members with adequate supervision by
qualified supervisors consistent with the award. The recipient must conduct an orientation
for members, including training on what activities are prohibited during AmeriCorps
service hours, and comply with any pre -service orientation or training required by
AmeriCorps. The recipient must ensure that no more than 20 percent of the aggregate of
all AmeriCorps member service hours are spent in education and training activities as set
forth in 45 CFR § 2520.50.
E. Teleservice. AmeriCorps members should generally be providing service directly to the
people and in the communities where they serve rather than performing service remotely.
Therefore, teleservice should be limited to certain situations. Teleservice— like all service —
must have appropriate documentation, supervision and oversight.
A grantee may determine that teleservice is appropriate based on the situation and type
of service being delivered. Teleservice is appropriate only when the activity can be
meaningfully supervised and the hours verified independently. If a grantee or subgrantee
determines that its AmeriCorps members will be allowed to teleserve, the grantee must
establish or update an existing policy to address the following:
Expectations of the communication requirements between supervisors and
teleserving members
Mitigation of the increased risk of time and attendance abuse
Appropriate supervision including validation of the activities to be performed, and
Verification of hours claimed.
Further, the grantee should consider updating its insurance coverage to address legal
liability attribution (for the grantee or tele-serving member) for incidents that occur during
teleservice.
F. AmeriCorps Members as Team Leaders. Programs may create positions where
AmeriCorps members provide an additional layer of leadership and support for members
under certain conditions. All the activities and prohibitions that apply to AmeriCorps
members also apply to Team Leaders. Team Leaders are not permitted to act in a staff
capacity, including supervising members. Team Leaders must not be responsible for
program development and coordination; however, they may assist by providing
information and resources on best practices or by helping to develop portions of the
program such as the training curriculum. Under no circumstances should an AmeriCorps
member serving as a Team Leader be the individual legally responsible for the program
or other members.
The Team Leader position description should emphasize activities that involve the
member(s) in performing direct service or providing support to members engaged in
direct service. Unallowable Team Leader activities include: signing member timesheets;
evaluating member performance; disciplining AmeriCorps members; enrolling/dismissing
EXHIBIT F
AmeriCorps members; writing and/or signing program reports; managing the program's
payroll and budget.
G. Performance Reviews. The recipient must conduct and keep a record of at least a
midterm and an end -of -term written evaluation of each member's performance for
fulltime members and an end -of -term written evaluation for all less -than -full-time
members. The end -of -term evaluation should address, at a minimum, the following
factors:
1. Whether the member has completed the required number of hours;
2. Whether the member has satisfactorily completed assignments; and;
3. Whether the member has met other performance criteria that were clearly
communicated at the beginning of the term of service.
H. Timekeeping. The recipient is required to ensure that time and attendance
recordkeeping is conducted by the AmeriCorps member's supervisor. This time and
attendance record is used to document member eligibility for in-service and post service
benefits. The recipient must have a timekeeping system that is compliant with 2 CFR §
200.430.
If a Professional Corps program wants to follow the timekeeping practices of its profession
and certify that members have completed the minimum required hours, excluding sick
and vacation days, it must get advance written approval from AmeriCorps via a special
condition on an amendment. If a State Commission Formula -funded Professional Corps
program wants to follow the timekeeping practices of its profession and certify that
members have completed the minimum required hours, excluding sick and vacation days,
it must get advance written approval from the State Commission.
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,
healthcare coverage and, if applicable, childcare coverage regardless of any
reimbursements for incidental expenses received from the court.
J. Member Death or Injury. The recipient must immediately report any member deaths or
serious injuries to the designated AmeriCorps Portfolio Manager.
VI. CHANGES IN MEMBER POSITIONS
A. Changes that Require AmeriCorps Approval. Circumstances may arise within a program
that necessitate changing the type of unfilled AmeriCorps member positions awarded to a
recipient or subrecipient, or changing the term of service of a currently enrolled member.
Note that once a member is exited with a partial education award, the remaining portion
of that education award is not available for use. The following changes require written
approval from AmeriCorps' Office of Grant Administration as well as written approval and
concurrence from the State Commission or Direct (including National Direct, State Direct,
Tribal, Territory Direct, or Education Award Only (EAP)) recipient:
9
EXHIBIT F
1. A change in the number of member service year (MSY) positions in the award and
2. A change in the funding level of the award.
B. Changing Types of Unfilled member positions. Recipients or subrecipients may change
the type of member positions awarded to their program if:
1. The change does not increase the total MSYs authorized in the Notice of Grant
Award (e.g. one half-time position cannot be changed to one full-time position);
and
2. The change does not result in an increase in the aggregate value of the education
award.
Changes in the above types of member positions may be made by the recipient directly in
the My AmeriCorps Portal.
C. Changing a Term of Service for an enrolled Member. Changes in terms of service for
enrolled members may not result in an increased number of MSYs for the program.
1. Full-time. State Commissions and National Direct Organizations may authorize or
approve occasional changes of currently enrolled full-time members to less than
fulltime members. Impact on program quality should be factored into approval of
such requests. AmeriCorps -provided or funded healthcare or childcare costs are
not available for less than full-time members unless they are serving in a full-time
capacity (see section VIII.D. and E.). Recipients and subrecipients may not transfer
currently enrolled full-time members to a less than full-time status simply to provide
the member a less than full-time education award.
2. Less than Full-time. AmeriCorps discourages changing less than fulltime members
to full-time because it is very difficult to manage, unless done very early in the
member's term of service. State Commissions and Direct recipients (including
National Direct, State Direct, Tribal, Territory Direct, and Education Award Only
recipients) may authorize or approve such changes so long as their current budget
can accommodate such changes. Programs must keep in mind that a member's
minimum 1700 hours must be completed within 12 months of the member's
original start date.
D. Refilling Member Position. With the exception of recipients whose awards have special
conditions under 2 CFR § 200.208 or 200.339, AmeriCorps State and National programs
that have fully enrolled their awarded member positions are allowed to replace any
member who terminates service before completing 30 percent of his/her term provided
that the member who is terminated is not eligible for and does not receive a pro -rated
education award. Programs may not refill the same member position more than once.
As a fail-safe mechanism to ensure that resources are available in the National Service
Trust to finance all earned education awards, AmeriCorps will suspend refilling if either:
a. Total AmeriCorps enrollment reaches 97 percent of awarded member
10
EXHIBIT F
positions; or
b. The number of refills reaches five percent of awarded member positions.
Refill member positions may not be transferred between operating sites. Refilled member
positions may not be combined with unfilled member positions.
E. Formula and State Competitive Award Member Position Transfers. State commissions
are allowed to transfer member positions (i.e., slots) among their state formula and
competitive subrecipients within a given prime grant in order to maximize enrollment and
cost effectiveness without prior approval. State commissions may not transfer member
positions between competitive and formula subrecipients, or vice -versa. State
commissions may not transfer funds among their competitive subrecipients.
Moving member positions from one formula prime grant to another formula prime grant
requires prior approval, via amendments to both prime grants.
F. Notice to Childcare and Healthcare Providers. Recipients and subrecipients must
immediately notify AmeriCorps' designated agents, in writing, when a member's status
changes in a manner that affects their eligibility for childcare or healthcare. See Section
VIII.D.
VII. RELEASE FROM PARTICIPATION
Recipients may release members from participation for two reasons: (a) for compelling personal
circumstances; and (b) for cause. See 45 CFR § 2522.230 for requirements. Whether the reason
for the release amounts to circumstances beyond the member's control is determined by the
grant recipient, consistent with the criteria listed in 45 CFR § 2522.230(a). Failure to follow the
requirements set forth in regulation (e.g., releasing an individual for a non -compelling personal
circumstance, such as when the individual is leaving to go to school) is considered non-
compliance with award requirements and may result in disallowed costs and other remedies for
non-compliance. The recipient should retain the documentation supporting its determination that
release for compelling personal circumstances is warranted. In addition to the regulations, the
following applies:
No Automatic Disqualification if Released for Cause: A release for cause covers all
circumstances in which a member does not successfully complete his/her term of service for
reasons other than compelling personal circumstances. Therefore, it is possible for a member to
receive a satisfactory performance review and be released for cause. For example, a member
who is released for cause from a first term-e.g. the individual has decided to take a job offer -but
who otherwise performed well would not be disqualified from enrolling for a subsequent term as
long as the individual received a satisfactory performance evaluation for the first period of
service.
Compelling Personal Circumstance for Pregnancy/Childbirth: Pregnancy and/or childbirth
could be determined by the grantee to be compelling personal circumstances if the member
requests it. The program cannot require a member to justify wanting to leave a term of service for
pregnancy. Likewise, a program cannot require that a member leave their term of service due to a
EXHIBIT F
pregnancy - that would be an instance of discrimination on the basis of gender in violation of
AmeriCorps' anti -discrimination policy. A full-time member might qualify under the Family
Medical Leave Act if the member is covered, or the program could suspend the member so that
the member can return some time in the future (within 2 years) to complete their term of service.
VIII. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES
Requirements related to member living allowances and benefits are in 45 CFR § 2522.240 and
2522.250. In addition, recipients must ensure that the following procedures are followed:
A. Allowance Distribution. A living allowance is not a wage. Recipients must not pay a living
allowance on an hourly basis. Recipients should pay the living allowance in regular
increments, such as weekly or bi-weekly, paying an increased increment only on the basis
of increased living expenses such as food, housing, or transportation. Payments should
not fluctuate based on the number of hours served in a particular time period and must
cease when the member's service ceases.
If a member serves all required hours and is permitted to conclude his or her term of
service before the originally agreed upon end of term, the recipient may not provide a
lump sum payment to the member. Similarly, if a member is selected after the program's
start date, the recipient must provide regular living allowance payments from the
member's start date and may not increase the member's living allowance incremental
payment or provide a lump sum to make up any missed payments.
Education Award Program Fixed Amount awards (EAPs) may provide a living allowance or
other in-service benefits to their members, but are not required to do so. Full -cost and
other Fixed Amount recipients must provide a living allowance and other benefits to their
full-time members.
B. Waiving the Living Allowance. If a living allowance is paid, a member may waive all or
part of the payment of a living allowance if, for example, he or she believes his or her
public assistance may be lost or decreased because of the living allowance. Even if a
member waives his or her right to receive the living allowance, it is possible —depending
on the specific public assistance program rules —that the amount of the living allowance
that the member is eligible to receive will be deemed available. A member who has
waived the living allowance may revoke the waiver at any time and may begin receiving
the living allowance going forward from the date the individual revoked the waiver. A
member may not receive any portion of the living allowance for the period of time the
living allowance was waived.
C. Taxes and Insurance.
1. Liability Insurance Coverage. The recipient is responsible for ensuring adequate
general liability coverage for the organization, employees and members, including
coverage of members engaged in on- and off -site project activities.
2. FICA (Social Security and Medicare taxes). Unless the recipient obtains a ruling
from the Social Security Administration or the Internal Revenue Service that
12
EXHIBIT F
specifically exempts its AmeriCorps members from FICA requirements, the
recipient must pay FICA for any member receiving a living allowance. The recipient
also must withhold 7.65% from the member's living allowance.
3. Income Taxes. The recipient must withhold Federal personal income taxes from
member living allowances, requiring each member to complete a W-4 form at the
beginning of the term of service and providing a W-2 form at the close of the tax
year. The recipient must comply with any applicable state or local tax
requirements.
4. Worker's Compensation. Some states require worker's compensation for
AmeriCorps members. Recipients must check with State Departments of Labor or
state commissions to determine worker's compensation requirements. If worker's
compensation is not required, recipients must obtain Occupational, Accidental,
and Death and Dismemberment coverage for members to cover in- service injury
or incidents.
5. 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 may not
charge the cost of unemployment insurance taxes to the grant unless mandated by
state law. Programs are responsible for determining the requirements of state law
by consulting their State Commission, legal counsel, or the applicable state
agency.
D. Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under a
collective bargaining agreement, the recipient must provide, or make available, healthcare
insurance to those members serving a 1700 -hour full-time term who are not otherwise
covered by a healthcare policy at the time the member begins his/her term of service. The
recipient must also provide, or make available, healthcare insurance to members serving a
1700 -hour full-time term who lose coverage during their term of service as a result of
service or through no deliberate act of their own. AmeriCorps will not cover healthcare
costs for dependent coverage.
Less -than -full-time members who are serving in a full-time capacity for a sustained period
of time (e.g. a full-time summer project) are eligible for healthcare benefits. Programs may
provide health insurance to less -than- full-time members serving in a full-time capacity, but
they are not required to do so. For purposes of this provision, a member is serving in a full-
time capacity when his/her regular term of service will involve performing service on a
normal full-time schedule for a period of six weeks or more. A member may be serving in
a full-time capacity without regard to whether his/her agreed term of service will result in a
full-time Segal AmeriCorps Education Award.
Any of the following health insurance options will satisfy the requirement for health
insurance for full-time AmeriCorps members (or less than fulltime members serving in a
full-time capacity): staying on parents' or spouse plan; insurance obtained through the
Federal Health Insurance Marketplace of at least the Bronze level plan; insurance obtained
through private insurance broker; Medicaid, Medicare or military benefits. AmeriCorps
programs purchasing their own health insurance for members must ensure plans are
13
EXHIBIT F
minimum essential coverage (MEC) and meet the requirements of the Affordable Care
Act.
On Friday May 2, 2014 the U.S. Department of Health and Human Services (HHS)
announced a Special Enrollment Period (SEP) for members in AmeriCorps State and
National programs, who are not provided health insurance options or who are provided
short-term limited duration coverage or self -funded coverage not considered MEC.
Members in the AmeriCorps State and National programs and their dependents in the
Federally -facilitated Marketplace (FFM) are eligible to enroll in Marketplace coverage
when they experience the following triggering events:
On the date they begin their service terms; and
On the date they lose any coverage offered through their program after their
service term ends. (Source: 45 CFR § 155.420(d((9().
Members have 60 days from the triggering event to select a plan.
Coverage effective date is prospective based on the date of plan selection. Members can
also visit healthcare.gov and https://www.cros.gov/CCIIO/Resources/Regulations-and-
Guidance/Downloads/SEP-and-hardship-FAQ-5-1-2014.pdf for additional information
about special enrollment periods.
If coverage is being provided via the Healthcare Marketplace, and thus third -party
payment is not an option, programs must develop a process to reimburse members for
monthly premiums. Reimbursements for health insurance premiums are considered
taxable income for the member, and programs must have a way to document such
reimbursements.
E. Temporary Leave, Healthcare, and Benefits. If temporary leave is appropriate, grantees
have the flexibility to determine the duration of the absence and may choose to continue
providing health or other benefits to the member during the period of absence. The
member may be suspended (via compelling personal circumstances) during the period of
temporary leave. If suspended, the member may not receive a living allowance.
The length of the leave should be based on two considerations: (1) the circumstances of
the situation; and (2) the impact of the absence on the member's service experience and
on the overall program. If the disruption would seriously compromise the member's
service experience or the quality of the program as a whole, then the grantee may offer
the member the option of rejoining the program in the next class or completely
withdrawing from the program.
The Federal Family Medical Leave Act, (FMLA) applies to full-time staff and members that
have served for more than 12 months and at least 1,250 hours when the grantee has 50 or
more employees/members at a work/service site per 29 U.S.C. 2611. See 42 U.S.C. 12631;
45 CFR § 2540.220.
F. Administration of Childcare Payments. In general, AmeriCorps will provide for childcare
payments, which will be administered through an outside contractor.
14
EXHIBIT F
Requirements and eligibility criteria are in the AmeriCorps regulations, 45 CFR §
2522.250. AmeriCorps will not cover childcare costs for members who serve on a less
than full-time basis for a sustained period of time, or who have ceased serving. Programs
may provide childcare to less -than -full-time members serving in a full-time capacity, but
they are not required to do so. Recipients that choose to provide childcare and will claim
the costs of childcare as matching costs, as approved in their budget, may contact the
childcare contractor for technical assistance. The criteria for member eligibility are
contained in 45 CFR 0 2522.250. Also, see the AmeriCorps Childcare Benefits Program
website (https://americorpschildcare.com/) for more detailed information on childcare
benefits.
G. Notice to Childcare Benefit Administrator and Providers. The program must notify
AmeriCorps' designated agents in writing within five business days after a member's status
changes in a manner that affects the member's eligibility for childcare. After five days, the
recipient will be liable for any erroneous payments made to a childcare provider for an
AmeriCorps member ineligible to receive AmeriCorps childcare benefits. Examples of
changes in status include: changes to a member's scheduled service so that he/she is no
longer serving on a full-time basis, terminating or releasing a member from service,
suspending a member for cause for a lengthy or indefinite time period, temporarily
suspending a member for cause and/or other disciplinary actions, and/or any other
change in the member's service status that could have an impact on childcare benefit
eligibility. Program directors should contact the childcare provider on childcare related
changes.
H. Time off for Members Serving in the Armed Forces Reserves. Generally, the Reserve
Components of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps, U.S. Coast
Guard, the Army National Guard, and the Air National Guard require reservists to serve
one weekend a month (inactive duty/Drill) 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 members' AmeriCorps service as a result of discharging
responsibilities related to their reservist duties. If members have a choice of when to fulfill
their annual two-week active duty requirement, they should do so when it will not disrupt
their AmeriCorps service. In instances where the dates of active duty are inflexible and
conflict with AmeriCorps service, members should be granted a leave of absence for the
two-week period of active duty service in the Reserves. Grantees should continue to pay
the living allowance and provide health care and childcare coverage for the two-week
period of active duty.
Grantees should credit members for AmeriCorps service hours during their two weeks of
active duty service in the Reserves if it occurs during their AmeriCorps service. The
member would receive credit for the number of hours he or she would have served during
that period had there been no interruption. For example, if a full-time member is signed
up to serve 30 hours of AmeriCorps service one week and 40 hours of AmeriCorps service
on the following week, she or he would receive 70 hours of AmeriCorps service credit for
the two weeks of active duty service regardless of the actual number of hours served in the
Reserves. For a Reservist/Guard member serving more than two weeks active duty in a
year, a grantee may elect to provide an extension to the leave of absence period on a case
15
EXHIBIT F
by case basis, after consultation with AmeriCorps. No AmeriCorps service credit is earned
for the once -a -month weekend (inactive duty/Drill) service 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.
IX. MEMBER RECORDS AND CONFIDENTIALITY
A. Recordkeeping. The recipient must maintain records, including the position description,
sufficient to establish that each member was eligible to participate and that the member
successfully completed all program requirements. A program may store member files
electronically and use electronic signatures if the program can ensure the validity and
integrity of the record and signature is maintained.
The program's electronic storage procedures and system must provide for the
safekeeping and security of the records, including:
1. Sufficient prevention of unauthorized alterations or erasures of records;
2. Effective security measures to ensure that only authorized persons have access to
records;
3. Adequate measures designed to prevent physical damage to records; and
4. A system providing for back-up and recovery of records; and
The electronic storage procedures and system provide for the easy retrieval of records in a
timely fashion, including:
1. Storage of the records in a physically accessible location;
2. Clear and accurate labeling of all records; and
3. Storage of the records in a usable, readable format.
B. Verification of Eligibility. Unless an individual's social security number and citizenship
are verified through the My AmeriCorps Portal, the recipient must obtain and maintain
documentation as required by 45 CFR § 2522.200(c). Programs that receive notice that
one of their members was not verified - either the member's social security number or
their citizenship was not verified - must provide the requested documentation to
AmeriCorps or they will not be able to enroll the applicant in the program. Enrolling in the
My AmeriCorps Portal requires members to certify their high school status. Such
certification fulfills the recipient's verification requirement to obtain and maintain
documentation from the member relating to the member's high school education. If the
member is incapable of obtaining a high school diploma or its equivalent, as determined
by an independent evaluation, the recipient must retain a copy of the supporting
evaluation.
C. Confidential Member Information. The recipient must maintain the confidentiality of
information regarding individual members. The recipient must obtain the prior written
consent of all members before using their names, photographs and other identifying
information for publicity, promotional or other purposes. Recipients may release
16
EXHIBIT F
aggregate and other non -identifying information and are required to release member
information to AmeriCorps and its designated contractors. The recipient must permit a
member who submits a written request for access to review records that pertain to the
member and were created pursuant to this award.
D. National Service Criminal History Check. The specific requirements of the National
Service Criminal History Check, including the timing and recordkeeping requirements, are
specified at 45 CFR § 2540.200-207. See also https://americorps.gov/grantees-
sponsors/history-check for more information on how to correctly conduct and document
the NSCHC. You must maintain documentation of the NSCHC, including the results or
summary of the component checks. Failure to adhere to the NSCHC requirements may
result in sanctions, including disallowance of all or part of the costs associated with the
non-compliance or other remedies that may be legally available (see 2 CFR § 200.339).
Recipients or subrecipients of AmeriCorps planning grants, defined at 45 CFR § 2521.20,
are not included as entities required to comply with NSCHC listed under 45 CFR §
2540.200.
X. BUDGET AND PROGRAMMATIC CHANGES
A. Programmatic Changes. The recipient must first obtain the prior written approval of the
AmeriCorps Portfolio Manager before making any of the following changes (1-3):
1. Changes in the scope, objectives or goals of the program, whether or not they
involve budgetary changes;
2. Substantial changes in the level of member supervision;
3. Entering into additional sub awards or contracts for AmeriCorps activities funded
by the award, but not identified or included in the approved application and award
budget.
Upon notification to the AmeriCorps Portfolio Manager, recipients may make
programmatic changes due to, or in response to, an officially -declared state or national
disaster without written approval from AmeriCorps. As soon as practicable, recipients
making disaster -related programmatic changes must discuss the recordkeeping, member
activities, performance measure adjustments, and other AmeriCorps award requirements
with the AmeriCorps Portfolio Manager. While written approval from AmeriCorps is not
required before making disaster -related programmatic changes, AmeriCorps reserves the
right to limit or deny disaster -related programmatic changes, including disallowing costs
associated with the disaster related activities.
B. Program Changes for Formula Programs. State Commissions are responsible for
approving the above changes for state formula programs.
C. Budgetary Changes. The recipient must obtain the prior written approval of AmeriCorps'
Office of Grant Administration before deviating from the approved budget in any of the
following ways:
17
EXHIBIT F
1 Specific Costs Requiring Prior Approval before Incurrence under the uniform
administrative requirement, cost principles, and audit requirements for Federal
awards at 2 CFR Parts 200 and 2205. Certain cost items in 2 CFR Parts 200 and
2205 require approval of the awarding agency for the cost to be allowable such as
pre -award costs. Please ensure you consult the regulations prior to incurring costs
to ensure allowability.
2. Purchases of Equipment over $5,000 using award funds, unless specified in the
approved application and budget.
3. Unless the AmeriCorps share of the award is $100,000 or less, changes to
cumulative and/or aggregate budget line items that amount to 10 percent or more
of the total budget must be approved in writing in advance by AmeriCorps. The
total budget includes both the AmeriCorps and recipient shares. Recipients may
transfer funds among approved direct cost categories when the cumulative amount
of such transfers does not exceed 10 percent of the total budget.
D. Approvals of Programmatic and Budget Changes. AmeriCorps' Portfolio Managers are
the only officials who have the authority to alter or change the terms and conditions or
requirements of the award. Portfolio Managers will execute written amendments, and
recipients should not assume approvals have been granted unless documentation from
the Office of Grant Administration (OGA) has been received via a Notice of Grant Award.
Programmatic changes also require final approval of AmeriCorps' OGA after written
recommendation for approval is received from the Portfolio Manager.
E. Exceptions for Fixed Amount Awards. Recipients with Fixed Amount awards are not
subject to the requirements in Section C., Budgetary Changes, above.
XI. REPORTING REQUIREMENTS
This section applies only to the recipient. The recipient is responsible for timely submission of
periodic financial and progress reports during the project period and a final programmatic and
financial report. The recipient is responsible for setting submission deadlines for its respective
subrecipients that ensure the timely submission of recipient reports.
A. Project Progress Reports. The recipient shall complete and submit annual project
progress reports (PPRs) in eGrants to report on progress toward achievement of its
approved performance targets.
For AmeriCorps program grants (grants that include member positions), the Project
Progress Report schedule is as follows:
Due Date
Reporting Period Covered
Start of award year through September 30
November 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final Project
Progress Report (see section F).
18
EXHIBIT F
B. Financial Reports. The recipient shall complete and submit financial reports in eGrants
(Financial Status Reports on menu tree) to report the status of all funds. The recipient must
submit timely cumulative financial reports in accordance with AmeriCorps guidelines
according to the following schedule:
Due Date
Reporting Period Covered
Start of award through March 31
April 1 - September 30
April 30
October 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final Financial
Report (see section E).
C. Reporting Other Federal Funds. The recipient shall report the amount and sources of
federal funds, other than those provided by AmeriCorps, claimed as matching funds. This
includes other federal funds expended by subrecipients and operating sites and claimed
as match. This information shall be reported annually on the financial report due October
30 or at the time the final financial report is submitted if the final report is due prior to
October 30. Fixed Amount recipients are not required to report this information.
D. Requests for Extensions. Each recipient must submit required reports by the given dates.
Extensions of reporting deadlines will be granted only when: 1) the report cannot
be furnished in a timely manner for reasons, in the determination of AmeriCorps,
legitimately beyond the control of the recipient; and, 2) AmeriCorps receives a written
request explaining the need for an extension before the due date of the report.
Extensions of deadlines for financial reports may only be granted by the AmeriCorps
Portfolio Manager, and extensions of deadlines for progress reports may only be granted
by the AmeriCorps Portfolio Manager.
E. Final Financial Reports. Recipients completing the final year of their award must submit,
in lieu of the last semi-annual financial report, a final financial report in eGrants. This final
financial report is due no later than 120 days after the end of the project period.
F. Final Project Progress Reports. A recipient must submit, in addition to the last annual
project progress report, a final project progress report. This final report is due no later
than 120 days after the end of the period of performance.
G. Financial Reports for Fixed Amount Awards. Fixed Amount recipients are not required
to submit financial reports to AmeriCorps, including the final financial report.
XII. AWARD PERIOD AND INCREMENTAL FUNDING
For the purpose of this award, a project period is the complete length of time the recipient is
proposed to be funded to complete approved activities under the award. A project period may
contain one or more budget periods. A budget period is a specific interval of time for which
Federal funds are being provided to fund a recipient's approved activities and budget.
19
EXHIBIT F
Unless otherwise specified, the award covers a three-year project period. In approving a multiyear
project period, AmeriCorps generally makes an initial award for the first year of operation.
Additional funding is contingent upon satisfactory performance, a recipient's demonstrated
capacity to manage an award and comply with award requirements, and the availability of
Congressional appropriations. AmeriCorps reserves the right to adjust the amount of an award
or elect not to continue funding for subsequent years. The project period and the budget period
are noted on the award document.
A planning grant covers a one-year project period.
The member enrollment period is the time period during which a program may enroll individuals
as AmeriCorps members. The enrollment period for subrecipients and operating sites may not
exceed one year.
XIII. PROGRAM INCOME
A. General. Income, including fees for service earned as a direct result of the award -funded
program activities during the award period, must be retained by the recipient and used to
finance the award's non- AmeriCorps share.
B. Excess Program Income. Program income earned in excess of the amount needed to
finance the recipient share must follow the appropriate requirements of 2 CFR Part 200
and be deducted from total claimed costs. Recipients that earn excess income must
specify the amount of the excess in the comment box on the financial report.
C. Fees for Service. When using assistance under this award, the recipient may not enter
into a contract for or accept fees for service performed by members when:
1. The service benefits a for-profit entity,
2. The service falls within the other prohibited activities set forth in these award
provisions, or
3. The service violates the provisions of 42 U.S.C. § 12637 - Nonduplication and
Nondisplacement.
D. Full -Cost and Professional Corps Fixed Amount Awards. The recipient must notify its
AmeriCorps Portfolio Manager if it earns program income in excess of the amounts
needed to cover all expenditures under the award. The AmeriCorps Portfolio Manager will
determine the disposition of the excess program income.
XIV. SAFETY
The recipient must institute safeguards as necessary and appropriate to ensure the safety of
members. Members may not participate in projects that pose undue safety risks.
20
EXHIBIT F
XV. NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING
All recipients and subrecipients must complete and retain a certificate of completion of the
AmeriCorps' National Service Criminal History Check (NSCHC) eCourse training every year to
ensure that recipients and subrecipients conducting criminal history background checks comply
with all NSCHC requirements. The AmeriCorps designated eCourse provides a thorough
overview of the requirements and can be found at:
https://americorpsonlinecourses.litmos.com?C=325500. Each grant recipient and subrecipient must
identify at minimum one staff person who has some responsibility for NSCHC compliance to fulfill
this requirement on behalf of the grant recipient or subrecipient. The grant recipient and
subrecipient must retain the certificate of completion and assign staff to retake the course
annually prior to the expiration of the certificate. Grant recipients and subrecipients should save
certificates of completion from each year as grant records.
XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING
All recipients and subrecipients must complete and retain a certificate of completion of the
AmeriCorps' Key Concepts of Financial Grants Management eCourse training every year to
ensure that recipients and subrecipients are aware of major financial grants management
requirements for all federal recipients and subrecipients. The AmeriCorps designated eCourse
provides a thorough overview of the requirements and can be found
at: https://americorpsonlinecourses.litmos.com/account/login/?C=7513619.
Each grant recipient and subrecipient must identify at minimum one staff person who has some
responsibility for financial grants management compliance to fulfill this requirement on behalf of
the grant recipient or subrecipient. The grant recipient and subrecipient must retain the certificate
of completion and assign staff to retake the course annually prior to the expiration of the
certificate. Grant recipients and subrecipients must save certificates of completion from each year
as grant records.
XVII. FIXED AMOUNT AWARDS
Fixed Amount awards are not subject to the cost principles in 2 CFR, Part 200, Subpart E. Fixed
Amount awards must comply with the remaining provisions of 2 CFR Part 200, including Subpart
F relating to audit requirements. Fixed Amount awards include Education Award program (EAP)
Fixed Amount awards, Professional Corps Fixed Amount awards, and Full -cost Fixed Amount
awards.
For Education Award programs (EAP), the fixed federal assistance amount of the award is based
on the approved and awarded number of full-time members specified in the award. For full -cost
and Professional Corps Fixed Amount awards, the fixed federal assistance amount of the award is
based on the approved and awarded numbers of full-time members and the members'
completion of their terms of service.
For EAPs, the final amount of award funds that the recipient may retain is dependent upon the
recipient's notifying AmeriCorps' National Service Trust of the members that it has enrolled. All
EAP members must carry out activities to achieve the specific project objectives as approved by
AmeriCorps. At closeout, AmeriCorps will use the Fixed Award Certification submitted by prime
21
EXHIBIT F
grantees that certifies all funds drawn do not exceed the amount earned based on the number of
members enrolled.
For full -cost and Professional Corps fixed amount awards, the recipient may draw funds from the
HHS Payment Management System based on the number of members who complete a full term
of service or if the member leaves before completing service, a pro -rated amount based on hours
served. At closeout, AmeriCorps will use the Fixed Award Certification submitted by prime
grantees that certifies all funds drawn do not exceed the amount earned based on the number of
hours served by the members.
XVIII. EVALUATION PLANS
If an AmeriCorps State competitive subgrantee or National and Native Nation/Indian Tribe
grantee has received at least three years of competitive funding for a project, they are required to
submit an evaluation plan when they recompete for competitive AmeriCorps funding for the
same project. The evaluation plans are reviewed and approved by AmeriCorps. Any evaluation
plan that is not approved in its first submission must be revised and resubmitted for approval. The
evaluation plan must receive final approval by AmeriCorps no later than August 31 of the year
following the grant award. More information on AmeriCorps State and National evaluation
requirements is available at State and National Direct Grantees 1 AmeriCorps.
22
State of Colorado Purchase Order Terms and Conditions
1. Offer/Acceptance. This Purchase Order, together with these terms and conditions (including,
if applicable, Addendum 1: Additional Terms and Conditions for Information Technology, and
Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other
attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference
(collectively the "PO") shall represent the entire and exclusive agreement between the State and the
Vendor. If this PO refers to Vendor's bid or proposal, this PO is an ACCEPTANCE of Vendor's
OFFER TO SELL in accordance with the terms and conditions of this PO. If a bid or proposal is not
referenced, this PO is an OFFER TO BUY, subject to Vendor's acceptance, demonstrated by
Vendor's performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL
automatically CANCELS this PO, unless a change order accepting the counter-offer is issued in
accordance with §4 accepting a counter-offer. The State shall not be responsible or liable for goods or
services delivered or performed prior to issuance of this PO.
2. Order of Precedence. In the event of a conflict or inconsistency within this PO, such conflict
or inconsistency shall be resolved by giving preference to the documents in the following order of
priority: (a) If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below;
(b) the Purchase Order document; (c) these Terms and Conditions (including, if applicable,
Addendum 1: Additional Terms and Conditions for Information Technology below); and (d) any
attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference.
Any terms and conditions included on Vendor's forms or invoices not included in this PO are void.
3. Safety Information. All chemicals, equipment, and materials proposed or used in the
performance of this PO shall conform to the requirements of the Occupational Safety and Health Act
of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals,
equipment, or hazardous materials at the time of delivery.
4. Changes. Vendor shall furnish goods or services in strict accordance with the specifications
and price set forth for each item. This PO shall not be modified, superseded or otherwise altered,
except in writing signed by the State and accepted by Vendor. If this PO is for goods only and Vendor
has not delivered the goods prior to the expiration of this PO, but Vendor delivers all of the goods to
the State only after expiration of this PO, then the State, in its sole discretion, may accept the goods
under this PO by extending this PO and delivering the modification to Vendor; however, regardless of
anything to the contrary, if the State does not extend this PO for any reason then the goods delivered
after expiration of this PO shall be deemed rejected, Vendor shall arrange the return of all delivered
goods at Vendor's sole expense, and the State shall have no liability for any such goods.
5. Delivery. Unless otherwise specified in this PO, delivery shall be FOB destination, freight
prepaid and allowed. The State is relying on the promised delivery date and any installation or service
performance set forth in this PO as material and basic to the State's acceptance. If Vendor fails to
deliver or perform as and when promised, the State, in its sole discretion, may cancel its order, or any
part thereof, without prejudice to its other rights, return all or part of any shipment so made, and
charge Vendor with any loss or expense sustained as a result of such failure to deliver or perform as
promised. Time is of the essence.
6. Rights to Materials. [Not Applicable to POs issued either in whole or in part for
Information Technology, as defined in CRS § 24-37.5-102(2); which shall be governed by
Addendum 1 §B.] Unless specifically stated otherwise in this PO, all materials, including without
limitation supplies, equipment, documents, content, information, or other material of any type,
whether tangible or intangible (collectively Materials"), furnished by the State to Vendor or delivered
by Vendor to the State in performance of its obligations under this PO shall be the exclusive property
of the State. Vendor shall return or deliver all Materials to the State upon completion or termination of
this PO.
Page 1 of 19
Effective 12/26/2023
7. Reporting. If Vendor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document relates
to this PO or may affect Vendor's ability to perform its obligations under this PO, Vendor shall, within
10 days after being served, notify the State of such action and deliver copies of such pleading or
document to the State. Vendor shall disclose, in a timely manner, in writing to the State all violations
of federal or state criminal law involving fraud, bribery, or gratuity violations potentially affecting this
PO. The State may impose any remedies available, which may include, without limitation, suspension
or debarment.
8. Conflicts of Interest. Vendor acknowledges that with respect to this PO, even the
appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written
approval, Vendor shall refrain from any practices, activities, or relationships that reasonably may
appear to be in conflict with the full performance of Vendor's obligations to the State hereunder. If a
conflict or appearance of a conflict of interest exists, or if Vendor is uncertain as to such, Vendor shall
submit to the State a disclosure statement setting forth the relevant details for the State's
consideration. Failure to promptly submit a disclosure statement or to follow the State's direction with
respect to the actual or apparent conflict constitutes a breach of this PO. Vendor acknowledges that
all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Vendor
further acknowledges that State employees may be subject to the requirements of §24-18-105,
C.R.S. with regard to this PO.
9. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS,
Title 4 ("UCC"), relating to implied or express warranties for goods are incorporated herein, in addition
to any warranties contained in this PO.
10. Inspection and Acceptance. The State's final acceptance of goods or services is contingent
upon completion of all applicable inspection procedures. All goods delivered shall be newly
manufactured and the current model, unless otherwise specified. The State shall have the right to
inspect goods or services provided under this PO at all reasonable times and places. The State shall
be the sole judge in determining "equals" with regard to conformance with the specifications outlined
in this PO for quality, price, and performance. If any of the goods or services do not conform to this
PO, the State, at its sole discretion, may require Vendor to either (a) replace the goods specified by
the State or (b) perform the services again, without additional payment from the State. When defects
in the quality or quantity of goods or services cannot be corrected by replacement or re -performance,
the State may (c) require Vendor to take necessary action to ensure that future performance
conforms to this PO and (d) equitably reduce the payment due Vendor to reflect the reduced value of
the goods or services performed. These remedies do not limit the remedies otherwise available in this
PO, at law, or in equity.
11. Taxes. The State is exempt from federal excise taxes and from State and local sales and use
taxes.
12. Payment. The State shall not pay Vendor any amount for performance under this PO in
excess of the Document Total set forth on the Purchase Order document. The State shall pay Vendor
for all amounts due within 45 days after the State's receipt of goods or services and acceptance of a
correct invoice of amount due. Amounts not paid by the State within 45 days of the State's
acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the
rate set forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute
exists as to the State's obligation to pay all or a portion of the amount due. Vendor shall invoice the
State separately for interest on delinquent amounts due, referencing the delinquent payment, number
of day's interest to be paid, and applicable interest rate. The State may benefit from any early
payment discount offered by Vendor by making payment within the timeframes required by Vendor to
be eligible for such discount. If Vendor offers an early payment discount, then the discount shall be
shown on Vendor's invoices to the State, and if the State makes payment on the invoice within the
time frame for the discount, Vendor shall either (a) accept the payment amount less the appropriate
Page 2 of 19
Effective 12/26/2023
discount or (b) refund the discount back to the State. Except as specifically agreed in this PO, Vendor
shall be solely responsible for all costs, expenses, and other charges it incurs in connection with its
performance under this PO.
13. Assignment. Vendor's rights and obligations under this PO shall not be transferred or
assigned without the prior, written consent of the State and execution of a new PO. Any attempt at
assignment or transfer without such consent and new PO shall be void. Any new PO approved by the
State shall be subject to the same terms and conditions as those set forth in this PO.
14. Subcontracts. Unless otherwise specified in this PO, Vendor shall not enter into any
subcontract in connection with its obligations under this PO without the prior, written approval of the
State. Vendor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Vendor in connection with this PO shall comply with all applicable
federal and state laws and regulations, shall provide that they are governed by the laws of the State
of Colorado, and shall be subject to all provisions of this PO.
15. Severability. The invalidity or unenforceability of any provision of this PO shall not affect the
validity or enforceability of any other provision of this PO, which shall remain in full force and effect,
provided, that the parties can continue to perform their obligations in accordance with the intent of this
PO.
16. Survival of Certain PO Terms. Any provision of this PO that imposes an obligation on a party
after termination or expiration of this PO shall survive the termination or expiration of this PO and
shall be enforceable by the other party.
17. Third Party Beneficiaries. Except for the parties' respective successors and assigns, this PO
does not and is not intended to confer any rights or remedies upon any person or entity other than the
parties. Enforcement of this PO and all rights and obligations hereunder is reserved solely to the
parties. Any services or benefits which third parties receive as a result of this PO are incidental to this
PO, and do not create any rights for such third parties.
18. Waiver. A party's failure or delay in exercising any right, power, or privilege under this PO,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial
exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or
privilege.
19. Indemnification. [Not Applicable to Inter -governmental POs] Vendor shall indemnify, save,
and hold harmless the State, its employees, agents and assignees (the "Indemnified Parties"),
against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to
any act or omission by Vendor, or its employees, agents, subcontractors, or assignees in connection
with this PO. This shall include, without limitation, any and all costs, expenses, claims, damages,
liabilities, court awards and other amounts incurred by the Indemnified Parties in relation to any claim
that any work infringes a patent, copyright, trademark, trade secret, or any other intellectual property
right or any claim for loss or improper disclosure of any confidential information or personally
identifiable information.
20. Notice. All notices given under this PO shall be in writing, and shall be delivered to the
contacts for each party listed on the Purchase Order document. Either party may change its contact
or contact information by notice submitted in writing to the other party without a formal modification to
this PO.
21. Insurance. Except as otherwise specifically stated in this PO, Vendor shall obtain and
maintain insurance as specified in this section at all times during the term of this PO: (a) workers'
compensation insurance as required by state statute, and employers' liability insurance covering all
Vendor employees acting within the course and scope of their employment; (b) Commercial general
liability insurance written on an Insurance Services Office occurrence form, covering premises
operations, fire damage, independent contractors, products and completed operations, blanket
Page 3 of 19
Effective 12/26/2023
contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000
each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations
aggregate; and $50,000 any one fire; and (c) Automobile liability insurance covering any auto
(including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident
combined single limit. If Vendor will or may have access to any protected information, then Vendor
shall also obtain and maintain insurance covering loss and disclosure of protected information and
claims based on alleged violations of privacy right through improper use and disclosure of protected
information with limits of $1,000,000 each occurrence and $1,000,000 general aggregate at all times
during the term of this PO. Additional insurance may be required as provided elsewhere in this PO.
All insurance policies required by this PO shall be issued by insurance companies with an AM Best
rating of A -VIII or better. This insurance requirement shall not apply if this PO is solely for goods, as
determined by the State, unless specifically stated otherwise in this PO or any attachment or exhibit
to this PO. If Vendor is a public agency within the meaning of the Colorado Governmental Immunity
Act, then this section shall not apply and Vendor shall instead comply with the Colorado
Governmental Immunity Act. The State shall be named as additional insured on all commercial
general liability policies required of Vendor. All insurance policies secured or maintained by Vendor in
relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Vendor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
22. Termination Prior to Vendor Acceptance. If Vendor has not begun performance under this
PO, the State may cancel this PO by providing written notice to the Vendor.
23. Termination for Cause. (a) If Vendor refuses or fails to timely and properly perform any of its
obligations under this PO with such diligence as will ensure its completion within the time specified in
this PO, the State may notify Vendor in writing of non-performance and, if not corrected by Vendor
within the time specified in the notice, terminate Vendor's right to proceed with this PO or such part
thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to
the extent not terminated. (b) Vendor shall be liable for excess costs incurred by the State in
procuring similar goods or services and the State may withhold such amounts as the State deems
necessary. (c) If after rejection, revocation, or other termination of Vendor's right to proceed under the
UCC or this clause, the State determines for any reason that Vendor was not in default or the delay
was excusable, the rights and obligations of the State and Vendor shall be the same as if the notice of
termination had been issued pursuant to termination under §24.
24. Termination in Public Interest. The State is entering into this PO for the purpose of carrying
out the public interest of the State, as determined by its Governor, General Assembly, or Courts. If
this PO ceases to further the public interest of the State as determined by its Governor, General
Assembly, or Courts, the State, in its sole discretion, may terminate this PO in whole or in part and
such termination shall not be deemed to be a breach of the State's obligations hereunder. This
section shall not apply to a termination for cause, which shall be governed by §23. A determination
that this PO should be terminated in the public interest shall not be equivalent to a State right to
terminate for convenience. The State shall give written notice of termination to Vendor specifying the
part of this PO terminated and when termination becomes effective. Upon receipt of notice of
termination, Vendor shall not incur further obligations except as necessary to mitigate costs of
performance. For services or specially manufactured goods, the State shall pay (a) reasonable
settlement expenses, (b) this PO price or rate for supplies and services delivered and accepted, (c)
reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit
for the unaccepted work. For existing goods, the State shall pay (e) reasonable settlement expenses,
(f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for
delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. The State's
termination liability under this section shall not exceed the total PO price. As a condition for payment
Page 4 of 19
Effective 12/26/2023
under this section, Vendor shall submit a termination proposal and reasonable supporting
documentation, and cost and pricing data as requested by the State.
25. Funds Availability. Financial obligations of the State payable after the State's current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. If this PO is funded in whole or in part with federal funds, this PO is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof. The State
represents that it has set aside sufficient funds to make payment for goods delivered in a single
installment, in accordance with the terms of this PO.
26. Governmental Immunity. Liability for claims for injuries to persons or property arising from
the negligence of the State, its departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, CRS §§24-30-1501, et
seq. No term or condition of this PO shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
27. Independent Contractor. Vendor shall perform its duties under this PO as an independent
contractor and not as an employee. Neither Vendor nor any agent or employee of Vendor shall be
deemed to be an agent or employee of the State. Vendor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Vendor and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for Vendor or any of its agents or employees. Vendor shall pay when
due all applicable employment taxes, income taxes and local head taxes incurred pursuant to
this PO. Vendor shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees
and agents.
28. Compliance with Law. Vendor shall comply with all applicable federal and state laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
29. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental POs]
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this PO. The UCC shall govern this PO in the case of goods unless
otherwise agreed in this PO. Any provision included or incorporated herein by reference, which
conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
PO shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver. Any provision incorporated herein by reference which purports to negate
this or any other provision in this PO in whole or in part shall not be valid or enforceable or available
in any action at law, whether by way of complaint, defense, or otherwise. Vendor shall exhaust
administrative remedies in CRS §24-109-106, prior to commencing any judicial action against the
State.
30. Prohibited Terms. Nothing in this PO shall be construed as a waiver of any provision of CRS
§24-106-109. Any term included in this PO that requires the State to indemnify or hold Vendor
harmless; requires the State to agree to binding arbitration; limits Vendor's liability for damages
resulting from death, bodily injury, or damage to tangible property; or that conflicts with that statute in
any way shall be void ab initio.
31. Vendor Offset and Erroneous Payments. [Not Applicable to Inter -governmental POs or
to POs issued solely for goods] The State Controller may withhold payment under the State's
Vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or
Page 5 of 19
Effective 12/26/2023
child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of
Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and
(e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State's discretion, payments made to Vendor in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended or excess
funds received by Vendor by deduction from subsequent payments under this PO, deduction from
any payment due under any other contracts, grants or agreements between the State and Vendor, or
by any other appropriate method for collecting debts owed to the State.
Page 6 of 19
Effective 12/26/2023
ADDENDUM 1:
Additional Terms & Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS PO IS INFORMATION TECHNOLOGY, AS DEFINED IN
CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS PO.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "Business
Day" means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in CRS
§24-11-101(1); (b) "CJI" means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions, including, without limitation, all
information defined as criminal justice information by the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended, and
all Criminal Justice Records as defined under CRS §24-72-302; (c) "HIPAA" means the federal
Health Information Portability and Accountability Act; (d) "Incident" means any accidental or
deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss,
disclosure, modification, disruption, or destruction of any communications or information resources
of the State, pursuant to CRS §§24-37.5-401 et seq.; (e) "PCI" means payment card information
including any data related to credit card holders' names, credit card numbers, or the other credit
card information as may be protected by state or federal law; (f) "PHI" means any protected health
information, including, without limitation any information whether oral or recorded in any form or
medium that relates to the past, present or future physical or mental condition of an individual; the
provision of health care to an individual; or the past, present or future payment for the provision of
health care to an individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual including, without
limitation, any information defined as Individually Identifiable Health Information by HIPAA; (g)
"PII" means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an individual's
identity, such as name, social security number, date and place of birth, mother's maiden name, or
biometric records, including, without limitation, all information defined as personally identifiable
information in CRS §24-72-501. "PII" shall also mean "personal identifying information" as set forth
at § 24-74-102, et. seq., C.R.S. ; (h) "State Confidential Information" means any and all State
Records not subject to disclosure under the Colorado Open Records Act, CRS §§24-72-200.1, et
seq. ("CORA"), and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State
personnel records not subject to disclosure under CORA; (i) "State Records" means any and all
State data, information, and records, regardless of physical form; (j) "Tax Information" means
federal and State of Colorado tax information including, without limitation, federal and State tax
returns, return information, and such other tax -related information as may be protected by federal
and State law and regulation, including, without limitation all information defined as federal tax
information in Internal Revenue Service Publication 1075; and (k) "Work Product" means the
tangible and intangible results of the delivery of goods and performance of services, whether
finished or unfinished, including drafts.
B. Intellectual Property. Except to the extent specifically provided elsewhere in this PO, any
State information, including without limitation pre-existing State software, research, reports,
studies, data, photographs, negatives or other documents, drawings, models, materials; or Work
Product prepared by Vendor in the performance of its obligations under this PO shall be the
exclusive property of the State (collectively, "State Materials"). Vendor shall deliver all State
Materials to the State upon completion or termination of this PO. The State's exclusive rights in
any Work Product prepared by Vendor shall include, but not be limited to, the right to copy,
publish, display, transfer, and prepare derivative works. Vendor shall not use, willingly allow, cause
or permit any State Materials to be used for any purpose other than the performance of Vendor's
Page 7 of 19
Effective 12/26/2023
obligations hereunder without the prior written consent of the State. The State shall maintain
complete and accurate records relating to (a) its use of all Vendor and third party software
licenses and rights to use any Vendor or third party software granted under this PO and its
attachments to which the State is a party and (b) all amounts payable to Vendor pursuant to this
PO and its attachments and the State's obligations under this PO or to any amounts payable to
Vendor in relation to this PO, which records shall contain sufficient information to permit Vendor to
confirm the State's compliance with the use restrictions and payment obligations under this PO or
to any third -party use restrictions to which the State is a party. Vendor retains the exclusive rights,
title and ownership to any and all pre-existing materials owned by or licensed to Vendor including,
but not limited to all pre-existing software, licensed products, associated source code, machine
code, text images, audio, video, and third -party materials, delivered by Vendor under this PO,
whether incorporated in a deliverable or necessary to use a deliverable (collectively, "Vendor
Property"). Vendor Property shall be licensed to the State as set forth in a State -approved license
agreement: (c) entered into as exhibits or attachments to this PO, (d) obtained by the State from
the applicable third -party Vendor, or (e) in the case of open source software, the license terms set
forth in the applicable open source license agreement. Notwithstanding anything to the contrary
herein, the State shall not be subject to any provision incorporated in any exhibit or attachment
attached hereto, any provision incorporated in any terms and conditions appearing on any
website, any provision incorporated into any click through or online agreements, or any provision
incorporated into any other document or agreement between the parties that (I) requires the State
to indemnify Vendor or any other party, (ii) is in violation of State laws, regulations, rules, fiscal
rules, policies, or other State requirements as deemed solely by the State, or (iii) is contrary to
this PO.
C. License or Use Audit Rights. If this PO includes any license or other right to use Vendor's
intellectual property, Vendor shall have the right, at any time during and throughout the term of this
PO, but not more than once during any State fiscal year, to request via written notice in
accordance with the notice provisions of this PO that the State audit its use of Vendor's intellectual
property and certify as to its compliance with any applicable license or use restrictions and
limitations contained in this PO (an "Audit Request"). The Audit Request shall specify the time
period to be covered by the audit, which shall not include any time periods covered by a previous
audit. The State shall complete the audit and provide certification of its compliance to Vendor
("Audit Certification") within 120 days following the State's receipt of the Audit Request. If upon
receipt of the State's Audit Certification, the parties reasonably determine that: (a) the State's use
of licenses, use of software, use of programs, or any other use of intellectual property during the
audit period exceeded the use restrictions and limitations contained in this PO ("Overuse") and (b)
the State would have been or is then required to purchase additional rights to use Vendor's
intellectual property ("Additional Rights"), Vendor shall provide written notice to the State in
accordance with the notice provisions of this PO identifying any Overuse or required Additional
Rights and request that the State bring its use into compliance with such use restrictions and
limitations. Notwithstanding anything to the contrary in this PO, or incorporated as a part of
Vendor's or any subcontractor's website, click -through or online agreements, third -party
agreements, or any other documents or agreements between the parties, the State shall not be
liable for the costs associated with any Overuse or Additional Rights, during the audit period
regardless of whether the State may have been notified in advance of such costs.
D. Vendor Records. Vendor shall maintain a file of all documents, records, communications,
notes, and other materials relating to the work (the "Vendor Records"). Vendor Records shall
include all documents, records, communications, notes and other materials maintained by Vendor
that relate to any work performed by Subcontractors, and Vendor shall maintain all records related
to the work performed by Subcontractors required to ensure proper performance of that work.
Unless a longer period is required in this PO or any attachment or exhibit to this PO, Vendor shall
maintain Vendor Records until the last to occur of: (a) the date 3 years after the date this
Page 8 of 19
Effective 12/26/2023
Purchase Order expires or is terminated, (b) final payment under this Purchase Order is made, (c)
the resolution of any pending Purchase Order matters, or (d) if an audit is occurring, or Vendor
has received notice that an audit is pending, the date such audit is completed and its findings
have been resolved (the "Record Retention Period"). Vendor shall permit the State, the federal
government, and any other duly authorized agent of a governmental agency to audit, inspect,
examine, excerpt, copy, and transcribe Vendor Records during the Record Retention Period.
Vendor shall make Vendor Records available during normal business hours at Vendor's office or
place of business, or at other mutually agreed upon times or locations, upon no fewer than 2
Business Days' notice from the State, unless the State determines that a shorter period of notice,
or no notice, is necessary to protect the interests of the State. The State, in its discretion, may
monitor Vendor's performance of its obligations under this Purchase Order using procedures as
determined by the State. The State shall monitor Vendor's performance in a manner that does not
unduly interfere with Vendor's performance of the work. Vendor shall promptly submit to the State
a copy of any final audit report of an audit performed on Vendor's records that relates to or affects
this Purchase Order or the work, whether the audit is conducted by Vendor or a third party.
E. Information Confidentiality. Vendor shall keep confidential, and cause all subcontractors to
keep confidential, all State Records, unless those State Records are publicly available. Vendor
shall not, without prior written approval of the State, use, publish, copy, disclose to any third party,
or permit the use by any third party of any State Records, except as otherwise stated in this PO,
permitted by law, or approved in writing by the State. Vendor shall provide for the security of all
State Confidential Information in accordance with all applicable laws, rules, policies, publications,
and guidelines. If Vendor or any of its subcontractors will or may have access to any State
Confidential Information or any other protected information, Vendor shall comply with all Colorado
Office of Information Security (OIS) policies and procedures which OIS has issued pursuant to
CRS §§24-37.5-401 through 406, and 8 CCR §1501-5 and posted at
https://oit.colorado.gov/standards-policies-quides/technical-standards-policies, all information
security and privacy obligations imposed by any federal, state, or local statute or regulation, or by
any industry standards or guidelines, as applicable based on the classification of the data relevant
to Vendor's performance under this PO. Such obligations may arise from HIPAA; IRS Publication
1075; Payment Card Industry Data Security Standard (PCI-DSS); Federal Bureau of Investigation
Criminal Justice Information Service Security Addendum; Centers for Medicare & Medicaid
Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic Information
Exchange Security Requirements and Procedures for State and Local Agencies Exchanging
Electronic Information With The Social Security Administration. Vendor shall immediately forward
any request or demand for State Records to the State's purchasing agent.
F. Other Entity Access and Nondisclosure Agreements. Vendor may provide State Records
to its agents, employees, assigns and subcontractors as necessary to perform the work, but shall
restrict access to State Confidential Information to those agents, employees, assigns, and
subcontractors who require access to perform their obligations under this PO. Vendor shall ensure
all such agents, employees, assigns, and subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this PO, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or subcontractor has access to any
State Confidential Information. Vendor shall provide copies of those signed nondisclosure
provisions to the State upon execution of the nondisclosure provisions if requested by the State.
G. Use, Security, and Retention. Vendor shall use, hold, and maintain State Confidential
Information in compliance with all applicable laws and regulations only in facilities located within
the United States, and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information. Vendor shall provide the State with access, subject to Vendor's
reasonable security requirements, for purposes of inspecting and monitoring access and use of
State Confidential Information and evaluating security control effectiveness. Upon the expiration or
Page 9 of 19
Effective 12/26/2023
termination of this PO, Vendor shall return State Records provided to Vendor or destroy such
State Records and certify to the State that it has done so, as directed by the State. If Vendor is
prevented by law or regulation from returning or destroying State Confidential Information, Vendor
warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
H. Incident Notice and Remediation. If Vendor becomes aware of any Incident, it shall notify
the State immediately and cooperate with the State regarding recovery, remediation, and the
necessity to involve law enforcement, as determined by the State. Unless Vendor can establish
none of Vendor or any of its agents, employees, assigns, or subcontractors are the cause or
source of the Incident, Vendor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Vendor shall take steps to reduce the risk
of incurring a similar type of Incident in the future as directed by the State, which may include, but
is not limited to, developing and implementing a remediation plan that is approved by the State at
no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Vendor shall make all modifications as directed by the State. If Vendor cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform
such analysis and produce a remediation plan, and Vendor shall reimburse the State for the
reasonable actual costs thereof.
I. Data Protection and Handling. Vendor shall ensure that all State Records and Work Product
in the possession of Vendor or any subcontractors are protected and handled in accordance with
the requirements of this PO at all times. Upon request by the State made any time prior to 60 days
following the termination of this PO for any reason, whether or not this PO is expiring or
terminating, Vendor shall make available to the State a complete and secure download file of all
data that is encrypted and appropriately authenticated. This download file shall be made available
to the State within 10 Business Days following the State's request, and shall contain, without
limitation, all State Records, Work Product, and system schema and transformation definitions, or
delimited text files with documents, detailed schema definitions, and attachments in its native
format. Upon the termination of Vendor's services under this PO, Vendor shall, as directed by the
State, return all State Records provided by the State to Vendor, and the copies thereof, to the
State or destroy all such State Records and certify to the State that it has done so. If legal
obligations imposed upon Vendor prevent Vendor from returning or destroying all or part of the
State Records provided by the State, Vendor shall guarantee the confidentiality of all State
Records in Vendor's possession and will not actively process such data. The State retains the
right to use the established operational services to access and retrieve State Records stored on
Vendor's infrastructure at its sole discretion and at any time.
J. Compliance with OIS Policies and Procedure. Vendor shall review, on a semi-annual basis,
all Colorado Office of Information Security ("OIS") policies and procedures which OIS has
promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR § 1501-5 and posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies, to ensure
compliance with the standards and guidelines published therein. Vendor shall cooperate, and shall
cause its subcontractors to cooperate, with the performance of security audit and penetration tests
by OIS or its designee.
K. Safeguarding PII. If Vendor or any of its subcontractors will or may receive PII under this PO,
Vendor shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, all State requirements relating to non -disclosure, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Vendor shall be a
"Third -Party Service Provider" as defined in CRS §24-73-103(1)(i) and shall maintain security
procedures and practices consistent with CRS §§24-73-101. In addition, as set forth in §
24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor's employees,
Page 10 of 19
Effective 12/26/2023
agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of
investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor
shall execute, on behalf of itself and its employees, the certification PII Individual Certification
Form or PII Entity Certification Form [Download form from Hyperlink] on an annual basis and
Contractor's duty and obligation to certify shall continue as long as Contractor has direct access to
any State databases containing PII. If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as
the Subcontractor has access to State databases containing PII.
L. Software Piracy Prohibition. State or other public funds payable under this PO shall not be
used for the acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Vendor hereby certifies and warrants that,
during the term of this PO and any extensions, Vendor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Vendor is in violation of this provision, the State may exercise any remedy available at law or in
equity or under this PO, including, without limitation, immediate termination of this PO and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
M. Information Technology. To the extent that Vendor provides physical or logical storage of
State Records; Vendor creates, uses, processes, discloses, transmits, or disposes of State
Records; or Vendor is otherwise given physical or logical access to State Records in order to
perform Vendor's obligations under this PO, Vendor shall, and shall cause its subcontractors, to:
(a) provide physical and logical protection for all hardware, software, applications, and data that
meets or exceeds industry standards and the requirements of this PO; (b) maintain network,
system, and application security, which includes, but is not limited to, network firewalls, intrusion
detection (host and network), annual security testing, and improvements or enhancements
consistent with evolving industry standards; (c) comply with State and federal rules and
regulations related to overall security, privacy, confidentiality, integrity, availability, and auditing; (d)
provide that security is not compromised by unauthorized access to workspaces, computers,
networks, software, databases, or other physical or electronic environments; (e) promptly report all
Incidents, including Incidents that do not result in unauthorized disclosure or loss of data integrity,
to a designated representative of the OIS; and (f) comply with all rules, policies, procedures, and
standards issued by the Governor's Office of Information Technology (OIT), including project
lifecycle methodology and governance, technical standards, documentation, and other
requirements posted at
httos://oitcolorado.gov/standards-policies-guides/technical-standards-policies. Vendor shall not
allow remote access to State Records from outside the United States, including access by
Vendor's employees or agents, without the prior express written consent of OIS. Vendor shall
communicate any request regarding non-U.S. access to State Records to the State. The State,
acting by and through OIS, shall have sole discretion to grant or deny any such request.
N. Accessibility. Vendor shall comply with and the Work Product provided under this PO shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to
Section §24-85-103 (2.5), C.R.S. Vendor shall also comply with all State of Colorado technology
standards related to technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards. Vendor shall indemnify, save, and hold harmless the Indemnified Parties against any
and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to Vendor's
failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals
Page 11 of 19
Effective 12/26/2023
with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. The State
may require Vendor's compliance to the State's Accessibility Standards to be determined by a
third party selected by the State to attest to Vendor's Work Product and software is in compliance
with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability
as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
Page 12 of 19
Effective 12/26/2023
ADDENDUM 2:
Additional Terms & Conditions for Federal Provisions
IF ANY PART OF THIS PO HAS BEEN FUNDED, IN WHOLE OR IN PART, WITH FEDERAL
FUNDS, THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO THIS PO.
1. APPLICABILITY OF PROVISIONS.
1.1. The Contract or Purchase Order to which these Federal
Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict
between the provisions of these Federal Provisions, the
Special Provisions, the body of the Contract or Purchase
Order, or any attachments or exhibits incorporated into and
made a part of the Contract or Purchase Order, the provisions
of these Federal Provisions shall control.
2. COMPLIANCE.
2.1. Contractor shall comply with all applicable provisions of
the Transparency Act, all applicable provisions of the Uniform
Guidance, and the regulations issued pursuant thereto,
including but not limited to these federal Provisions. Any
revisions to such provisions or regulations shall automatically
become a part of these Federal Provisions, without the
necessity of either party executing any further instrument.
The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a
condition precedent to the effectiveness of such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID REQUIREMENTS.
3.1. SAM. Contractor shall maintain the currency of its
information in SAM until the Contractor submits the final
financial report required under the Award or receives final
payment, whichever is later. Contractor shall review and
update SAM information at least annually after the initial
registration, and more frequently if required by changes in its
information.
3.2. Unique Entity ID. Contractor shall provide its Unique Entity
ID to its Recipient, and shall update Contractor's information
at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in
Contractor's information.
4. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO PART 200.
Page 13 of 19
Effective 12/26/2023
4.1. Contracts for more than the simplified acquisition
threshold, which is the inflation adjusted amount determined
by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by
41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and
penalties as appropriate. The simplified acquisitions threshold
is $250,000
4.2. All contracts in excess of $10,000 must address
termination for cause and for convenience by the
non -Federal entity including the manner by which it will be
effected and the basis for settlement.
4.3. Equal Employment Opportunity. Except as otherwise
provided under 41 CFR Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41
CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30
FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive
Order 11246 relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR Part 60, "Office of
federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
Page 14 of 19
Effective 12/26/2023
4.4. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148).
When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by
non -Federal entities must include a provision for compliance
with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages
not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback"
Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or
she is otherwise entitled. The non -Federal entity must report
all suspected or reported violations to the Federal awarding
agency.
Page 15 of 19
Effective 12/26/2023
4.5. Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708). Where applicable, all contracts awarded
by the non -Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
4.6. Rights to Inventions Made Under a Contract or
Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of
experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
4.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal
Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended - Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the
non -Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection
Agency (EPA).
Page 16 of 19
Effective 12/26/2023
4.8. Debarment and Suspension (Executive Orders 12549
and 12689) - A contract award (see 2 CFR 180.220) must not
be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order
12549.
4.9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) -
Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non -Federal funds that takes place
in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the
non -Federal award.
4.10. Prohibition on certain telecommunications and video
surveillance services or equipment §2 CFR 200.216
4.10.1. Recipients and sub recipients are prohibited from obligating or expending loan or
grant funds to:
4.10.1.1. Procure or obtain;
4.10.1.2. Extend or renew a contract to procure or obtain; or
4.10.1.3. Enter into a contract (or extend a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
4.11. Contracts with small and minority businesses,
women's business enterprises, and labor surplus area
firms. (2 CFR §200.321). The non -Federal entity must take
all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus
area firms are used when possible.
4.12. Domestic preferences for procurements. (2 CFR
§200.322) As appropriate and to the extent consistent with
law, the non -Federal entity should, to the greatest extent
Page 17 of 19
Effective 12/26/2023
practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section
must be included in all subawards including all contracts and
purchase orders for work or products under this award.
4.13. Procurement of recovered materials. (2 CFR §200.323)
A non -Federal entity that is a state agency or agency of a
political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in
the EPA guidelines.
5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
5.1. Pursuant to §4.2 of these Federal Provisions, the State of
Colorado may terminate this contract, in whole or in part,
when it is in the Government's interest. Solicitations and
contracts shall include clauses as required by FAR 49.502
(2023). Termination for convenience of the government shall
comply with the following provisions of the Federal
Acquisition Regulations:
5.1.1. For Fixed Price Contracts: FAR 52.249-2 (2023)
5.1.2. For Contracts for Personal Services: FAR 52.249-12 (2023)
5.1.3. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements:
FAR 52.249-3 (2023)
5.1.4. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023)
6. EVENT OF DEFAULT.
6.1. Failure to comply with these Federal Provisions shall
constitute an event of default under the Contract and the
State of Colorado may terminate the Contract upon 30 days
prior written notice if the default remains uncured five
calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law
or in equity.
Page 18 of 19
Effective 12/26/2023
Page 19 of 19
Contract. Form
Entity Information
Entity Name*
STATE OF COLORADO
Entity ID*
@00003468
Q New Entity?
Contract Name* Contract ID
STATE OF COLORADO COMMISSION ON COMMUNITY 8948
SERVICE - PURCHASE ORDER
POGG1 ,EBBA,20240000371 3 (SERVE CO/AMERICORPS
PLANNING GRANT)
Contract Status
CTB REVIEW
Contract Lead *
WLUNA
Contract Lead Email
wluna@weld.gov;cobbxxl
k@weld.gov
Parent Contract ID
20232583
Requires Board Approval
YES
Department Project #
Contract Description *
STATE OF COLORADO COMMISSION ON COMMUNITY SERVICE - PURCHASE ORDER POGG1,EBBA,202400003713
(SERVE CO/AMERICORPS PLANNING GRANT). EXTENDING THE TERM DATE THROUGH 05/19/2025.
Contract Description 2
PA ROUTING WITH THIS ONBASE/CMS ENTRY. ETA TO CTB 12/11/24.
Contract Type*
AMENDMENT
Amount"
$82,260.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weld.gov
Department Head Email
CM-HumanServices-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 12/14/2024
12/18/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
03/19/2025
Committed Delivery Date
Renewal Date
Expiration Date*
05/19/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/19/2024 12/19/2024 12/19/2024
Final Approval
BOCC Approved Tyler Ref #
AG 010825
BOCC Signed Date Originator
WLUNA
BOCC Agenda Date
01/08/2025
Hello