2009-2010 STANDARD CONTRACT - AMERICORPS CLEARWATER
2009-2010 STANDARD CONTRACT
This agreement is made BETWEEN
The Florida Commission on Community Service
commonly referred to as Volunteer Florida
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
City of Clearwater on behalf of
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
referred to herein as the "Provider"
The Provider, to be commonly referenced as AmeriCorps Clearwater will utilize AmeriCorps
Members in accordance with submitted proposal (Attachment II). In consideration of the
contracted services by the Commission and of the advantages and benefits received by the
Provider by virtue of such relationship, the receipt and adequacy of all of which considerations are
hereby acknowledged, now therefore, in consideration of the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
I. PROVIDER AGREEMENTS
A. Compliance.
1. The Provider must comply with the requirements of the National and Community
Service Act of 1990 RS amended and codified as 42 USC 12501 et seq 45 CFR
2510 et seq. The Provider shall also comply with applicable federal cost
principles, administrative, and audit requirements as well as all applicable Florida
Statutes. Requirements are incorporated in this agreement by reference.
2. The Provider will rectify all compliance issues identified by the Commission in
writing within the time period set forth or all future reimbursements will be
withheld until the deficiencies are corrected. Written documentation should
include how all noted deficiencies were corrected or an acceptable justification,
action plan and timeline of compliance for any deficiencies not corrected within
the time period set forth.
3. By signing this contract, the Provider acknowledges receipt of the AmeriCorps
Provisions and AmeriCorps Regulations. The Provider further agrees to adhere to
the most current policies of both governing documents. The Provider is
responsible for ensuring that all staff and partners manage the program in
accordance with all governing documents.
B. Program Name. The Provider may not change the program name without the prior
written approval of the Commission.
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C. Program Performance Measures
Performance Measures Revisions: Program performance measures may be revised
only with prior written approval of the Commission
1. Volunteer Recruitment (Output): 40 volunteers will collectively provide at
least 200 hours of volunteer service as measured by volunteer logs.
2. Savin Police Officer Time (Output):, After one year, members will save 5,000
hours of police officer time as measured by member timesheets.
3. Saving Police Officer Time (Intermediate Outcome : After one year, members
will save a minimum of 5,000 hours of assisting police units with non-emergency
details including crime prevention and patrol services that will result in saving
$135,000 worth of police officer time.
4. Saving Police Officer Time (End Outcome): After one year, members will save
a minimum of 5000 hrs of assisting police units with non-emergency details
including crime prevention and patrol services that will result in saving $135,000
worth of police officer time. As a result, 70% of community stakeholders will
report a sense of feeling safer as measured by stakeholder surveys.
D. Budget. Both a budget and budget narrative for the delivery of services described in
this contract are provided in Attachment III.
1. Match Requirements and In-Kind Contributions
a. The Provider must provide matching funds (cash) at a minimum of the
percentage stated in Attachment III of the total for Member costs.
b. The Provider must provide matching funds (cash) and/or in-kind contributions
at a minimum of the percentage stated in Attachment III of the total for all
other costs.
c. The Provider agrees to maintain time and effort reports for all staff as listed in
the approved Attachment III in accordance with OMB Circulars.
d. Budget Revisions. The Commission must be notified in writing of all
changes and the purposes of changes to the budget. The Commission reserves
the right to disallow any revisions.
E. Property. The Provider agrees to seek prior approval to purchase any equipment
and/or furniture not listed in Attachment III with a purchase price of $1,000 or
more to be reimbursed by the Commission.
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F. Internet Access. The Provider agrees to provide the AmeriCorps Program
Internet access and e-mail capability as is necessary for program reporting and
communication.
G. Reporting
1. Monthly Progress Reports. All first year AmeriCorps programs are required to
complete a monthly report by the fifteenth (15`11) calendar day of each month
during the contract period. The Commission reserves the right to require written
monthly reports be submitted at any point during the program year.
2. Progress Reports. The Provider will submit Quarterly Progress Reports via a
format approved by the Commission or via other approved on-line reporting
systems in accordance with the requirements and prescribed schedule of the
Commission and the Corporation for National Service.
3. Disability Community Development Plan. The Provider will submit a plan to
recruit persons with disabilities utilizing the format provided by the Program
Accessibility Coordinator by June 30, 2010.
4. Administration of Members with Disabilities Survey. The Provider will
provide a time and place for all members to complete the Commission's Survey to
Determine the Number of Persons with Disabilities Serving Florida's
Communities and ensure the survey is administered according to Commission
guidelines.
5. Review of Facilities for Readily Achievable Barrier Removal. The Provider
will conduct annually a review of their facilities, policies, procedures and
provision of service delivery to ensure any barriers preventing the potential
participation of applicants with disabilities are removed or mitigated.
6. Sustainability Plan. The Provider will develop or update a sustainability plan in
accordance with the requirements of the Commission.
7. Financial Reports for Reimbursement. The Provider will submit to the
Commission monthly financial reports for reimbursement consisting of a Periodic
Expense Report with supporting documentation. With the exception of the Final
Financial Reports, all reports for reimbursement are due 15 days after the end of
the period of the report. If circumstances occur delaying the reimbursement
request, an explanation should be sent to the Commission before the
reimbursement request is due.
8. Final Financial Reports for Reimbursement. The Provider agrees to submit the
FINAL REPORT OF EXPENDITURES AND INCOME for payment within
forty-five (45) calendar days after the ending date of this contract or the date of
contract termination, whichever is earlier. If the Provider fails to submit the final
financial reports within the specified time, all rights to payment are forfeited.
9. Supporting Documentation. The Provider will submit supporting documentation
for all expenditures for each month of the contract. Supporting documentation
includes but is not limited to expense receipts, training agendas & sign in sheets,
travel authorizations, etc.
10. Property. At the end of the contract the Provider agrees to submit a current
inventory list of all property (i.e. equipment and furniture) with a purchase price
of $5,000.00 or more bought with funds provided through this contract. This
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property listing must include a description of the property, model number, serial
number, date of acquisition, cost, inventory number and information on the
location, condition, transfer, replacement or disposition of the property. The
Commission reserves the right to retrieve, upon termination of this contract, any
and all equipment and furniture purchased with funds provided through this
contract, or to receive repayment for funds provided through this contract used in
the purchase or any portion of such equipment or furniture.
11. Audits. The Provider agrees to provide the Commission financial and compliance
audits of the Provider including the management letter and the schedule of
Findings and Questioned Costs within ninety (90) days of the end of the
Provider's fiscal year and to ensure that all related party transactions are disclosed
to the auditor.
12. My AmeriCorps Portal. The Provider agrees to secure Commission approval on
all Member transactions in the My AmeriCorps portal excluding member
enrollment and exit. All other Member transactions via the My AmeriCorps portal
including suspensions and change of term of service must be approved by the
Commission prior to the Provider making such changes on the My AmeriCorps
portal. The Provider understands that they are subject to payback or suspension of
federal funds for completed Member transactions (excluding enrollment and exit)
not pre- approved by the Commission.
13. Other Reports. The Provider agrees to provide other reports as may be requested
by the Commission by an established deadline.
H. Staff Recruitment and Responsibilities
1. Staff positions, duties, responsibilities and the number of staff working in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission, provided such revisions do not exceed original
budgeted amounts for staff. The Provider will hire and maintain 1 Program
Director at 100% to be responsible for the overall management of the program.
2. The Provider will hire and maintain 1 Deputy Chief of Police who will provide
support to the AmeriCorps program at 5%.
3. The Provider will hire and maintain 1 Lieutenant who will provide support to the
AmeriCorps program at 5%.
4. The Provider will hire and maintain 1 Sergeant who will provide support to the
AmeriCorps program at 20%.
5. The Provider will hire and maintain 1 Administrative Support Manager who
will provide support to the AmeriCorps program at 5%.
6. In the event of a change of staff, the Provider agrees to provide new staff with a
program operation manual and/or policies and procedures for the AmeriCorps
program.
1. AmeriCorps Member Recruitment and Responsibilities
1. Recruit 8 AmeriCorps Members into full-time service within 90 days of
implementation of this contract. Members will be provided with a living
allowance in accordance with the AmeriCorps Provisions (Attachment
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IV).Members will provide direct service in areas outlined in the approved
proposal (Attachment II).
2. Recruit a minimum of 5 AmeriCorps Members into half-time service within 120
days of implementation of this contract. Members will be provided with a living
allowance in accordance with the AmeriCorps Provisions (Attachment IV).
Members will provide direct service in areas outlined in the approved proposal
(Attachment II).
3. The Provider agrees to develop and enter into signed agreement with each
member using an AmeriCorps Member Contract in compliance with the
AmeriCorps Provisions.
4. The Provider agrees to implement the program's Commission approved
Community Disability Development Plan to recruit persons with disabilities into
the program.
5. The positions, position descriptions, and number of Members serving in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission.
6. A National Service Enrollment Form must be completed within 30 days for each
Member in the My AmeriCorps Portal. The Provider agrees to keep a hard copy
of the member enrollment form in a member file.
7. Member positions may only be revised with pre-approval from the Commission
through a Member Change of Status Form completed via the My AmeriCorps
Portal system for each Member for the following conditions:
a. suspension;
b. ending service early;
e. reinstatement to service;
d. utilization of the Family Medical Leave Act; or
e. transfer to another AmeriCorps program. The program should keep a hard
copy in a member file.
8. A National Service Trust End of Term of Service/Exit Form must be completed
via the My AmeriCorps Portal for each Member within 30 days of completion of
her/his term of service. The program should keep a hard copy in a member file.
9. The Provider will report member service hours to the Commission at least
quarterly and will audit and update member service hours at least monthly. The
Commission reserves the right to review Member service hours at anytime.
J. Partnership Development and Site Agreements
1. The Provider may enter into written agreements with other private and public
organizations in the targeted communities to cooperate and coordinate the
provision of services under the terms of this contract.
2. Such partnerships may include, but are not limited to, the following agreements:
contributions of cash support for the services provided under the terms of this
contract
contributions of in-kind support for the services provided under the terms of this
contract.
coordination of service activities to prevent duplication of effort;
evaluation of service activities, Member development, etc.;
fundraising;
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promotions or public relations; and
provision of member supervision and/or service site supervision.
3. Agreements with partners to provide Member supervision and/or service sites
must be in writing, adhere to the AmeriCorps Provisions and Regulations and
include the following items:
a. description of services to be provided by Members;
b. designation of person(s) responsible for member supervision and verification
of member service hours;
c. description of prohibited member activities; and
d. other supervision or programmatic responsibilities.
4. The Provider shall include a list of its partner organizations on materials as
appropriate including;
a. brochures;
b. flyers;
c. posters; and
d. public service announcements
5. Disaster Preparedness, Response, Recovery and/or Mitigation. The
Corporation for National Service (under agreement with the Federal Emergency
Management Agency) and the Commission (under agreement with the Florida
Department of Community Affairs Division of Emergency Management) requires
the availability of AmeriCorps Members for assignment to provide assistance in
disaster preparedness, response, recovery, and/or mitigation activities. As part of its
commitment to community service, the provider agrees to train its members and staff
to assist in disaster preparedness, response, recovery and mitigation activities.
Volunteers working with the program will be given the option to participate in the
training. The types of events that could impact Florida include hurricanes, tornadoes,
floods, other weather related events and man-made events, such as hazardous
materials accidents. Program members, volunteers, and staff, based on the nature of
the program, will be trained to assist with any of the following activities: community
preparedness education, shelter operations, mass feeding, debris removal, community
outreach, and other disaster recovery related activities. Program members and
volunteers may be requested to provide assistance anywhere in the State of Florida.
Provider staff and AmeriCorps Members shall serve under the direction and control
of the Provider and shall not be considered volunteers to FEMA, DCA or DEM for
purposes of Chapter 110(IV) F.S. Requests for disaster preparedness, response,
recovery and mitigation assistance will be made on behalf of the Florida
Governor's State Coordinating Officer through the Commission's Director of
Emergency Management after consulting with the state Corporation for National
Service office disaster coordinator. All related activities undertaken by a program
will be done in cooperation with the local office of emergency management.
Approved expenses incurred as a result of provider activities related to disaster
preparedness, response, recovery and mitigation will be reimbursed. According to
State of Florida and Federal regulations, non-profit entities responding in times of
disaster may request reimbursement from the Federal Emergency Management
Agency. Up to 75% of eligible expenses may be reimbursed. The State of Florida,
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on a disaster specific basis, may cover the remaining 25% of eligible expenses for
private non-profit entities. Providers responding at the request of the State
Coordinating Officer would be eligible for reimbursement of disaster related
expenses. The Commission will furnish the provider with additional information
about expenditure reimbursement. Training costs will not be reimbursable unless
arrangements are made in advance. The Commission has identified low and no
cost training opportunities statewide. Providers may contact the Commission's
Director of Emergency Management for specific training questions and
opportunities.
6. Training and Technical Assistance. Training and/or technical assistance
provided to staff and/or AmeriCorps Members under this contract must be
designed to facilitate the improvement of the services, strengthen the development
of skills and knowledge for the staff and the AmeriCorps Members, and
strengthen the communities in which services are provided. Training and/or
technical assistance may be provided directly by the Provider, a community
partner (such as a local volunteer center) or other local resources requested from
the Commission or coordinated through the Commission.
K. Staff and Member Training
1. The Provider will ensure the provision of training and/or technical assistance to
ensure successful program implementation and operation. Required trainings
include; Volunteer Florida Program Director Meetings; and
2. New program directors must complete the following three (3) disability specific
trainings: Disability Awareness and Appreciation, and trainings covering Titles I
and III of the Americans with Disabilities Act.
Program Directors operating in year two or beyond must complete two (2)
disability related trainings each year. Training not provided by the Commission
must be approved in advance by Commission staff designated to oversee the
Commission's disability inclusion responsibilities.
3. Other suggested topics are, but are not limited to;
a. supervisory techniques;
b. AmeriCorps member evaluation;
c. working with the media;
d. AmeriCorps member motivation; and
e. report writing
f. financial/grants management
4. AmeriCorps Members
The Provider will ensure the provision of training and/or technical assistance for
members. Required trainings include:
a. American Red Cross-certified or comparable CPR and First Aid training; The
Provider will have all members trained or certified in CPR and First Aid.
c. Diversity appreciation;
d. Citizenship;
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e. Disability awareness and appreciation training adhering to the Commission's
approved content.
f. Introduction to Disaster and one additional training in the area of disaster
preparedness, mitigation, and/ or response.
Other suggested topics include, but are not limited to:
1. team building;
2. conflict resolution;
3. career development;
4. Life after AmeriCorps.
L. National Service Activities The Provider will schedule and conduct at least one direct
service activity designed for and conducted as part of the Seasons of Service, the
designated national service days of the Corporation of National Service, during
the contract period.
M. Quality Assurance and Evaluation
1. The Provider will track and document progress made toward accomplishing the
performance measures and specific deliverables of this contract.
2. The Provider agrees to facilitate, conduct and participate in technical assistance,
external reviews, and other continuous improvement activities related to the
services.
3. The Provider agrees to permit persons duly authorized by the Commission to
inspect any records, papers, documents, facilities, goods and services of the
Provider that are relevant to this contract, and/or to interview any clients,
employees, volunteers, or any other parties affiliated with the Provider to be
assured of satisfactory performance of the terms and conditions of this contract.
4. The Provider will conduct a minimum of one survey annually to examine primary
stakeholder satisfaction with the program services, including at a minimum to:
a. AmeriCorps members;
b. service recipients;
c. community residents; and
d. community partners.
5. Provide any requested information in a timely fashion in the format specified by
the Commission;
6. Facilitate contact with community agencies and /or individuals for the
Commission or its consultant;
N. Records and Documentation.
1. The Provider agrees to maintain records of deliverables, including reports and
program and participant data.
2. The Provider agrees to maintain fiscal records and documents (including
electronic storage media) in accordance with generally accepted accounting
principles and practices which sufficiently and properly reflect all revenues and
expenditures of funds related to this grant.
3. The Provider agrees to assure that records will be subject, at all reasonable times,
to inspection, review or audit by Commission personnel and/or individuals
authorized by the Commission.
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4. The Provider agrees to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, F.S. made or received by
the Provider in conjunction with this contract. The Provider's refusal to comply
with this provision will constitute a breach of contract.
a. Safeguarding Information. The Provider agrees not to use or disclose
information concerning a recipient of services under this contract for any purpose
not in conformity with the state regulations (119, F.S) and federal regulations (45
CFR, Part 205.50), except upon written consent of the recipient or the recipient's
responsible parent or guardian when authorized by law.
b. Assignments and Subcontracts. The Provider agrees not to assign
responsibility of this contract to another party or to subcontract any portion of the
work contemplated under this contract without prior written approval of the
Commission. No such approval by the Commission will be deemed in any
manner to provide for the incurrence of any obligation of the Commission in
addition to the total dollar amount agreed upon in this contract. All such
assignments or subcontracts will be subject to the terms and conditions of this
contract and to any conditions of approval that the Commission may deem
necessary. The Provider agrees to include audit and record keeping requirements
in all approved agreements entered into by the Provider for any other
subcontracted services in the amount of $25,000 or greater.
c. Indemnification. Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents. However, nothing contained
herein shall constitute a waiver by either party of its sovereign immunity or the
provision of Section 768.28 Florida Statute.
d. Incident Reporting. In compliance with Chapter 415 F.S. and 39 F.S., an
employee or agent of the Provider who knows, or has reasonable cause to suspect
that a child, elder, or adult with a disability is or has been abused, neglected or
exploited, shall immediately report such knowledge or suspicion to the abuse
registry operated by the Florida Department of Children and Families on the
single statewide toll-free telephone number, 1-800-96-ABUSE (800-962-2873).
0. Sponsorship
L The Provider agrees to, in publicizing, advertising, or describing the sponsorship
of a program funded wholly or in part by the Commission, state "Sponsored by
the Clearwater Police Department and Volunteer Florida". If the sponsorship
reference is in written material, the words "Volunteer Florida" shall appear in the
same size letter or type as the name of the Provider.
2. The Provider agrees to incorporate the Volunteer Florida logo as appropriate on
all letterhead, brochures, newsletters, business cards, stationery, posters, flyers,
and other written and pictorial communication media for all programs funded
wholly or in part by the Commission.
3. The Provider agrees to notify the Communications Director of the Commission as
soon as possible when engaging in contact with the media; and to provide the
Commission's tag line to all media contacts for all programs funded wholly or in
part by the Commission.
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P. Purchasing, Procurement of Materials with Recycled Content. The Provider
agrees that any products or materials that are the subject of or required to carry out this
contract shall be procured in accordance with the provisions of s.403.7065 and 287.045,
F.S.
Q. Conflict of Interest. The Provider shall affirm that neither the Provider nor any of its
directors, officers, members or employees has any interest nor shall acquire any interest,
directly or indirectly, which would conflict in any manner or degree with performance of
the service hereunder. The Provider further agrees that in the performance of the service,
no person having such interest shall be employed by the Provider.
R. Nepotism. No person may hold a job or position with the Provider in which a
member of his/her immediate family exercises supervisory authority within the program.
A member of an immediate family includes: husband, wife, father, father-in-law, mother,
mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter,
daughter-in-law and separated spouses.
S. Sustainability. It is understood that the funding provided by the Commission for this
program is "seed money" to be used by the Provider to provide services to the
community, with the assistance of the Commission that will eventually be continued and
managed locally with minimal federal funds or responsibility for the program. Resources
that are acquired during the course of this contract will be reported to the Commission
utilizing an Income Report in a Commission approved format or on-line system.
T. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility
and prohibit discrimination in accordance with AmeriCorps Provisions.
II. COMMISSION AGREEMENTS
A. Reimbursements. Complete and accurate reimbursement requests (Periodic Expense
Reports with supporting documentation ) will be processed by the Commission and
submitted to the Commission's fiscal agent, Tallahassee Community College, for
payment.
B. Technical Assistance. The Commission agrees to provide or assist the Provider in
obtaining technical assistance and training as needed by the Provider for this contract.
C. Site Visits. Following any quality assurance/continuous improvement review, the
Commission will deliver in a timely fashion to the Provider a written report with
comments and recommendations regarding the manner in which services are being
provided.
D. Contract Continuation. The Commission will notify the Provider in writing of the
submission date and requirements for the continuing application and continuation will
be executed by contract amendment.
III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS
A. Effective and Ending Dates. The contract shall begin January 1, 2010 to December
31, 2010.
B. Contract Funding Amount. The maximum amount reimbursable under this
agreement is $130,923.
C. Type of Contract. This will be a cost reimbursement contract. Payment for the
contracted services will be contingent upon the documented allowable expenditures
for the specified contract period. The Commission's performance and obligation to
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pay for services rendered under this contract is contingent upon available funding
from the Corporation for National and Community Service and the State of Florida.
D. Ownership and Sharing of Grant Products. The Provider, to the extent possible,
agrees to make products produced under this contract available at the cost of
reproduction to others in the field. The Commission retains royalty-free, non-
exclusive and irrevocable licenses to obtain, use, reproduce, publish or disseminate
products, including data, produced under this contract and to authorize others to do
so. The Commission may distribute such products through a designated
clearinghouse. The Provider may not sell any work that includes the Commission
logo without prior Commission written approval.
E. Contact Protocol. The primary contact for all matters relating to this program shall
be the staff listed in Section H III of this Contract, unless otherwise specified in
writing. The primary contact person will notify all parties in writing of alternative
contacts should he/she not be available.
F. Contract Amendments. All contract amendments will utilize the format of
Attachment I and must be executed by authorized representatives of the Commission
and the Provider.
G. Termination.
1. Termination at Will. This contract may be terminated by either party upon
no less than sixty (60) calendar days notice in writing, without cause, unless
both parties mutually agree upon a lesser time. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
2. Termination Because of Lack of Funds. In the event funds to finance this
contract become unavailable, the Commission may terminate the contract
upon no less than twenty-four (24) hours notice in writing to the Provider.
Said notice shall be delivered by certified mail, return receipt requested or in
person with proof of delivery. The Commission shall be the final authority as
to the availability of funds.
3. Termination for Breach. This contract may be terminated for non-
compliance and/or breach of contract by the Provider upon no less than
twenty-four (24) hours notice. If applicable, the Commission may employ the
default provision in Chapter 60A-1.006(3), FAC. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any other
breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Commission's right to
remedies at law or to damages.
4. Overpayment In the event that the Commission, the Provider or an auditor
discovers an overpayment has been made, the Provider will repay the
overpayment within thirty (30) calendar days unless extenuating
circumstances are deemed to exist by the Commission.
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H. Notice and Contact.
1. The name, address and telephone number of the Commission's Program
Consultant for the contract is:
Ericka Zdenek, Program Consultant
401 South Monroe Street
Tallahassee, Florida 32301
(850) 922-0471
ericka cuvolunteerflorida.or a
OR
Amieko Watson, Director of National Service
401 South Monroe Street
Tallahassee, Florida 32301
(850) 414-2976
arnieko@voIuweerflofida.org
2. The name, address, and telephone number of the representative for the
Provider responsible for the administration of the program under this contract
is:
Rebecca Davis
AmeriCorps Program Director
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
(727) 562-4142
Rebecca.davis(?i;myclearwater.cor_n
3. In the event that different representatives are designated by either party after
execution of this contract, notice of the name, address and telephone number
of the new representative will be rendered in writing to the other party and
said notification attached to originals of this contract.
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I. All Terms and Conditions Included. This contract and its attachments
as referenced below contain all the terms and conditions agreed upon by the
parties.
Attachment I - Contract Amendment Form
Attachment II - Approved AmeriCorps Proposal
Attachment III - Approved Budget and Budget Narrative
Attachment IV - AmeriCor s Provisions
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne II
Mayor
Approved as to form:
Robert J. urette
Assistant ity Attorney
City Manager
Attest:
C is E. Goudeau
City Clerk
N`'`/
Y F?
THE FLORIDA COMMISSION ON COMMUNITY SERVICE
Commonly referred to as VOLUNTEER FLORIDA
By:
Wendy Spen r
Executive Director
Approved as to form, A t:,
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ATTACHMENT I
Amendment
FORMAT
This amendment is made BETWEEN
The Florida Commission on Community Service
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
City of Clearwater on behalf of
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
referred to herein as the "Provider" amends
Contract
1. Section , Paragraph is hereby amended to read:
2. This amendment shall begin on , or on the date on which
the amendment has been signed by both parties, whichever is later.
3. All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
4. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
5. This amendment and all its attachments are hereby incorporated into and made a part of the
above-.cited contract.
IN WITNESS, THEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
PROVIDER
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Robert J. Surette
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
Page 14
COMMISSION
Signed by:
Signature
Wendy Spencer
Chief Executive Officer
Date
Page 15
RPT BGT 424
August 13, 2009 3:56 PM
AmeriCorps Clearwater
Clearwater Police Departme nt
Budget Dates:
Application ID: 09AC102567 Total Amt CNCS Share Grantee Share
Section I. Program Operating Costs
273
76 14,020 62,253
A. Personnel Expenses ,
979
27 5,309 22,670
B. Personnel Fringe Benefits ,
C. Travel
326
0
326
Staff Travel 848
16 0 16,848
Member Travel ,
Total $17,174 $0 $17,174
D. Equipment
5,325
455
4,870
E. Supplies
F. Contractual and Consultant Services
G. Training
Staff Training
918
1
250
1,668
Member Training ,
Total $1,918 $250 $1,668
H. Evaluation
864
15
2,000
13,864
1. Other Program Operating Costs ,
Travel to CNCS-Sponsored Meetings 0 0
00 0
$13
864
Total $15,884 $2,0 ,
$144,533 $22,034 $122,499
Section 1. Subtotal
15% 85%
Section 1 Percentage
Section II. Member Costs
A. Living Allowance
200
91
66,576
24,624
hrs)
Full Time (1700 ,
175
30
22,028
8,147
1-Year Half Time (900 hours) , 0 0
Reduced Half Time (675 hrs) 0 0
Quarter Time (450 hrs) 0 0
0 0
Minimum Time (300 hrs) 0 0
2-Year Half Time (2nd Year) 0 0 0
2-Year Half Time (1st Year) 0
Total $121,375 0
$88,604 $32,771
B. Member Support Costs
FICA for Members 9,285 9,285
0 0
914
17
Worker's Compensation 17,914
11
000 11,000 ,
0
Health Care ,
Total $38,199 $20,285 $17,914
$159,574 $108,889 $50,685
Section 11. Subtotal 68% 32%
Section 11. Percentages
Section 111. Administrative/Indirect Costs
A, Corporation Fixed Percentage
Corporation Fixed Amount 0 0
1
375 0
0
Commission Fixed Amount 1,375 ,
Total $1,375 $1,375 $0
B. Federally Approved Indirect Cost Rate
Section 111. Subtotal $1,375 $1,375 $0
Section 111 Percentage 100% 0%
Section I + III. Funding Percentages 16% 84%
Budget Totals $305,482 $132,298 $173,184
43% 57%
Budget Total Percentage
26%
Required Match
# of years Receiving CNCS Funds 4
Modified SF-424A (4188 and 12/97)
Form 424A
Page 1
RPT BGT 424
August 13, 2009 3:56 PM
AmeriCorps Clearwater
Clearwater Police Department
Total MSYs
Cost/MSY
10.50
$12,600
Form 424A Modified SF-424A (4/88 and 12/97)
Page 2
Budget Narrative for 09AC102567
Budget Narrative: AmeriCorps Clearwater for Clearwater Police Department
Section I. Program Operating Costs
A. Personnel Expenses
Page 1 of 5
Position(Title -Qty -Annual Salary -% Time CNCS Share Grantee Share Total Amount
AmeriCorps Program Director: -1 person(s) at 46735 each x 100 % usage 14,020 32,715 46,735
FDeputy Chief of Police: -1 person(s) at 103802 each x 5 % usage
tenant: -1 person(s) at 97897 each x 5 % usage 0
0 5,190
4,895 5,190
4,895
Sergeant: - 1 person(s) at 82239 each x 20 % usage 0 16,448 16,448
Senior Accountant: -1 person(s) at 60102 each x 5 % usage 0 3,005 3,005
CATEGORY Totals 14,020 62,253 76,273
B. Personnel Fringe Benefits
Purpose -Calculation -Total Amount CNCS Share Grantee Share Total Amount
AmeriCorps Program Director (Fringe Benefits): Pension: $9,346.98 SS:
$677.66 Major Medical: $6,200 SAMP Life Insurance: $84.60 Life Insurance:
5,309
12,388
17,697
$10.00 Worker's Compensation: $1,378
AmeriCorps Program Director Worker's Comp: $53.02/pay @ 26 pay periods
02'26 = 1378
$53 0 1,378 1,378
.
Deputy Chief Fringe Benefits: Pension: $1,038.02 Major Medical: $310 SAMP 0 1,429 1,429
Life Insurance: $9.36 Life Insurance: $0.50 Worker's Compensation: $71.25
Lieutenant Fringe Benefits: Pension: $978.97 SS: $70.98 Major Medical: $310 0 1
432 1,432
Life Insurance: $0.50 Workers Compensation: $71.25 ,
Sergeant Fringe Benefits: Pension: $3,289.56 SS: $238.49 Major Medical:
$1,240 Life Insurance: $2 Worker's Compensation: $285 0 5,D55 5,055
Senior Accountant Fringe Benefits: Pension: $601.02 Major Medical: $310
SAMP Life Insurance: $5.49 Life Insurance: $0.50 Workers Compensation:
0
988
988
$71.25
CATEGORY Totals J L 5,309 22,670 27,979
C. Travel
Staff Travel
Purpose -Calculation CNCS Share Grantee Share Total Amount
Program Director Meetings: 2 trops @ 270 miles (RT) @ $0.585/mile =
$158/trip Tolls = $51trip Total Cost/Trip = 163 x 2 = $326 0 326 326
CATEGORY Totals 0 326 326
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Budget Narrative for 09AC 102567
Member Travel
Page 2 of 5
Purpose -Calculation CNCS Share 1 1 Grantee Share 1 1 Total Amount
Vehicle Use for Member Activities: 2400 miles/month @ $0.585/mile = $1,404
$1,404 x 12 months = $16848 0 16,848 16,848
CATEGORY Totals 0 16,848 16,848
D. Equipment
Item/Purpose -Qty -Unit Cost CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
E. Supplies
Item -Calculation CNCS Share Grantee Share Total Amount
Member Service Gear: ($35/member)(13 members) _ $455 455 0 455
FCPD Issued Uniforms: 13 members @ $335/unifom = $4,355 0 4,355 11 = 4,355
CPD Issued Bike Helmets: 13 members @ $35/helmet = $455 0 455 455
Office Supplies: 12 months @ $5/month = $60 0 60 60
F__ CATEGORY Totals I F 455 4,870 5,325
F. Contractual and Consultant Services
Purpose -Calculation -Daily Rate CNCS Share F Grantee Share Total Amount
I CATEGORY Totals 0 1 [ 0 1 1 0
G. Training
Staff Training
Purpose -Calculation -Daily Rate CNCS Share
d Grantee Share 1
l 1 Total Amount
CATEG=Totals
O
L
1
0
Member Training
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
Refreshments for Day Long Training: 10 days @ $25/day = 250- Daily Rate of
25 250 0 250
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Budget Narrative for 09AC102567
Page 3 of 5
Member Training (In-kind): Disability Awareness $100 Cultural Diversity $100
Conflict Resolution $100 Intro to Disaster $100- Daily Rate of 0 0 400 400
Member Training (in-kind: Traffic Direction $135 CPD Policies/Pr=Entry$90 Mule $40 CPR/First Aid $650 ($50/member) Radio $92 Pawn Sli 0 1,268 1,268
ideo Message Board $40 Bike Training $163- Daily Rate of 0
V
1 CATEGORY Totals 250 1,668 1,918
H. Evaluation
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amo9
CATEGORY Totals
0
0 01
1. Other Program Operating Costs
Purpose -Calculation CNCS Share Grantee Share
--- Total Amount
Travel to CNCS-Sponsored Meetings: I E: 0 I - 0
F 0
CNCS Sponsored Meetings:
Office & Training Space (In-kind): 580 sq ft @ $23/sq ft = $13,340 per year 2,000
0 F 0
13,340 2,000
13,340
Nextel Cell Phone (In-kind): $35/month @ 12 months = $420 0 420 420
Police Dept. Proxy Access Cards (In-kind): 13 members x $6/proxy card = $78 F 0 78 78
Background Screenings/Criminal History Checks (In-kind): 13 members x
$2/screening = $26 0 26 26
CATEGORY Totals 2,000 13,864 15,864
SECTION Totals 22,034 122,499 144,533
PERCENTAGE 15%1 F 85% 11 :11
Section II. Member Costs
A. Living Allowance
item - # Mbrs w/ Allow -Allowance Rate - # Mbrs w/o Allow CNCS Share Grantee Share Total Amount
Full Time (1700 hrs): 8 Member(s) at a rate of 11400 each
Members W/O allowance 0 66,576 24,624 91,200
1-Year Half Time (900 hours): 5 Member(s) at a rate of 6035 each 22
028 8
147 30,175
Members W/O allowance 0 , ,
2-Year Half Time (1 st Year): Member(s) at a rate of each 0 0 0
Members W/O allowance
2-Year Half Time (2nd Year): Member(s) at a rate of each 0 0 0
Members W/O allowance
I F I
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Budget Narrative for 09AC102567
Page 4 of 5
Reduced Half Time (675 hrs): Member(s) at a rate of each 0 0
1 0
1
Members W/O allowance
Quarter Time (450 hrs): Member(s) at a rate of each 0 0 0
Members W/O allowance
Minimum Time (300 hrs): Member(s) at a rate of each 0 0 0
Members W/O allowance
CATEGORY Totals 88,604 32,771 121,375
B. Member Support Costs
Purpose -Calculation CNCS Share Grantee Share Total Amount
FICA for Members: 7.65% of total living allowance 9,285 0 9,285
Worker's Compensation: $1378 x 13 members = $17,914 0 17,914 17,914
Health Care: 8 members cQ $1375/year = $11,000 11,000 0 11,000
CATEGORY Totals 20,285 17,914 38,199
SECTION Totals 108,889 50,685 159,574
PERCENTAGE 68% 32%
Section III. Administrative/Indirect Costs
A. Corporation Fixed Percentage
Item -Calculation CNCS Share Grantee Share Total Amount
Corporation Fixed Amount: 0 0 0
Commission Fixed Amount: 1,375 01 1 1,375
CATEGORY Totals
1,375
E
0
1
1,375
1
B. Federally Approved Indirect Cost Rate
Calculation -Cost Type - Rate Claimed -Cost Basis -Rate CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
SECTION Totals E 1,375 0 1,375
PERCENTAGE 100% 0%
BUDGET Totals 132,298 173,184 305,482
PERCENTAGE 43% 57%
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Budget Narrative for 09ACI02567
Total MSYs II 10.50
cost/MSY II 12,600
Source of Funds
Section
Section I. Program Operating
Costs
section II. Member Costs
Section III.
Administrative/Indirect Costs
Total Source of Funds
Page 5 of 5
Match Description Amount Type Source
Salaries: Deputy Chief, Lieutenant, Sergeant, and Senior
Account Manager 29,538 In Kind State/Local
Fringe Benefits: Deputy Chief, Lt, Sgt, and Senior 10,282 In Kind State/Local
Accountant Program Dir. Worker's Comp
Member Travel
Supplies CPD Uniforms, bike helmets, office supplies
Member Tralnings 16,848
4,870
1,668 In Kind
In Kind
In Kind State/Local
State/Local
State/Local
Other Operating Costs Training space, nextel cell phone, 13
864 In Kind State/Local
proxy access cards, and background screenings. ,
Section I Total
Member Worker's Compensation 77,070
17,914
In Kind
State/Local
Section II Total 17,914
J 94,984 ? ??
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2009 AMERICORPS GRANT PROVISIONS
Effective April 1, 2009
These AmeriCorps Grant Provisions are binding on the grantee. By accepting funds under
this grant, the grantee agrees to comply with, and include in all subgrants, the AmeriCorps
Provisions, all applicable federal statutes, regulations and guidelines, and any amendments
thereto. The grantee agrees to operate the funded program in accordance with the approved grant
application and budget, supporting documents, and other representations made in support of the
approved grant application. For the purposes of these Provisions, "AmeriCorps" refers to
AmeriCorps State and National grantees only. The term grantee is used to connote either grantee
or subgrantee, as appropriate, throughout these Provisions.
TABLE OF CONTENTS
1. Changes in the 2009 AmeriCorps Grant Provisions .........................................................2
II. Legislative and Regulatory Authority ...............................................................................2
III. Other Applicable Statutory and Administrative Provisions ..............................................2
A. States, Indian Tribes, U.S. Territories, and Local Governments .............................2
B. Nonprofit Organizations ..........................................................................................2
C. Educational Institutions ...........................................................................................2
D. Other Applicable Statutes and Regulations .............................................................3
E. Order of Precedence .................................................................................................3
IV. Ame riCorps Special Provisions ...................................................................................... ..3
A. Definitions ................................................................................................................3
B. Affiliation with the AmeriCorps National Service Network ...................................4
C. Member Recruitment, Selection, and Exit ............................................................. ..5
D. Supervision and Support ........................................................................................ ..6
E. Release from Participation ..................................................................................... ..7
F. Living Allowances, Other In-Service Benefits, and Taxes .................................... ..7
G. Member Records and Confidentiality .................................................................... 10
H. Budget and Programmatic Changes ....................................................................... 11
1. Reporting Requirements ........................................................................................ 12
J. Grant Period and Incremental Funding .................................................................. 12
V. General Provisions .......................................................................................................... 13
A. Responsibilities under Grant Administration ......................................................... 13
B. Financial Management Standards .......................................................................... 13
C. The Office of Inspector General ............................................................................ 14
D. Program Income ..................................................................................................... 15
E. Safety ..................................................................................................................... 15
F. Non-discrimination Public Notice and Records Compliance ................................ 15
G. Grants Products ...................................................................................................... 16
H. Suspension or Termination of Grant ...................................................................... 17
1. Fixed Amount Award (Education Award Programs Only) ................................... 17
J. Trafficking in Persons ........................................................................................... 17
VI. Attachment
Grant Program Civil Rights and Non-Harassment Policy ........................................... 20
Revised - 6/18/2009
I. CHANGES IN THE 2009 AMERICORPS GRANT PROVISIONS
No changes were made from the 2008 AmeriCorps Grant Provisions.
H. LEGISLATIVE AND REGULATORY AUTHORITY
This grant is authorized by and subject to the National and Community Service Act of 1990 as
amended, codified as 42 U.S.C. 12501 et seq., and 45 CFR 2510 et seq. Grantees must comply
with the requirements of the Act and its implementing regulations.
III. OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS
The following applicable federal cost principles, administrative requirements and audit
requirements are incorporated by reference.
A. STATES, INDIAN TRIBES, U.S. TERRITORIES, AND LOCAL GOVERNMENTS
The following circulars and their implementing regulations apply to states, Indian tribes, U.S.
territories, and local governments:
1. OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments - 45 CFR Part 2541.
2. OMB Circular A-87, Cost Principles for State and Local Governments - 2 CFR Part 225.
3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
B. NONPROFIT ORGANIZATIONS
The following circulars and their implementing regulations apply to nonprofit organizations:
1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations - 45
CFR Part 2543 or 2 CFR Part 215.
2. OMB Circular A-122, Cost Principles for Nonprofit Organizations - 2 CFR Part 230.
3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
C. EDUCATIONAL INSTITUTIONS
The following circulars and their implementing regulations apply to educational institutions:
1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations - 45
CFR Part 2543 or 2 CFR Part 215.
2. OMB Circular A-21, Cost Principles for Educational Institutions - 2 CFR Part 220.
2
3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
These documents can be found here:
http://www.access.gpo.gov/nara/cfr/waisidx 07/2cfrvl?,OZhgg&_L5 and here:
hip://ecfr.gpoaccess. gov/cgi/t/text/text-
id ? ' = 28 32c 21 14 d d 52a b& = cfr& 1=/ecfrbrowse/Title02/2cfrvl 02. l#200
D. OTHER APPLICABLE STATUTES AND REGULATIONS
The grantee must comply with all other applicable statutes, executive orders, regulations, and
policies governing the grant, including, but not limited to, those cited in these Grant Provisions,
the Grant Assurances and Certifications, and those cited in 45 CFR Parts 2541 and 2543.
E. ORDER OF PRECEDENCE
Any inconsistency in the Grant Award shall be resolved by giving precedence in the following
order (a) Applicable Federal Statutes, (b) Corporation and other Federal regulations, (c) Special
Provisions, (d) General Provisions, (e) Notice of Funding Opportunity, and (f) the approved
Grant Application including all assurances, certifications, attachments, and pre-award
negotiations.
IV. AMERICORPS SPECIAL PROVISIONS
A. DEFINITIONS
For purposes of this grant the following definitions apply:
1. Grantee, for the purposes of this agreement, means the direct recipient of this grant (45
CFR Part 2542.510). The grantee is legally accountable to the Corporation for the use of
grant funds and is bound by the provisions of the grant. The grantee is responsible for
ensuring that subgrantees or other organizations carrying out activities under this award
comply with these provisions, including regulations and OMB circulars incorporated by
reference.
2. Subgrantee refers to an organization receiving AmeriCorps grant funds or member
positions from a grantee of the Corporation. See 45 CFR Part 2541.370.
3. Member or participant means an individual:
a. Who has been selected by a grantee or subgrantee to serve in an approved national
service position;
b. Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United
States;
c. Who is at least 17 years of age at the commencement of service unless the member is
out of school and enrolled
i. in a full-time, year-round youth corps or full-time summer program as defined in
the Act (42 U.S.C. 12572 (a) (2)), in which case he or she must be between the
ages of 16 and 25, inclusive, or
ii. in a program for economically disadvantaged youth as dei=gned in the Act (42
U.S.C. 12572 (a)(9)), in which case he or she must be between the ages of 16 and
24, inclusive; and
iii. Has a high school diploma or an equivalency certificate (or agrees to obtain a high
school diploma or its equivalent before using an education award) and who has
not dropped out of elementary or secondary school in order to begin a term of
service as an AmeriCorps member (unless enrolled in an institution of higher
education on an ability to benefit basis and is considered eligible for funds under
section 484 of the Higher Education Act of 1965, 20 U.S.C. 1091), or who has
been determined through an independent assessment conducted by the grantee to
be incapable of obtaining a high school diploma or its equivalent.
B. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK
Identification as an AmeriCorps Program or Member. The grantee must identify the
program as an AmeriCorps program and members eligible for an education award as
AmeriCorps members.
2. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of the
Corporation for National and Community Service.
Grantees and subgrantees except for Education Award Programs (EAPs) must use the
AmeriCorps name and logo on service gear and public materials such as stationery,
application forms, recruitment brochures, orientation materials, member curriculum,
signs, banners, press releases and publications created by AmeriCorps members in
accordance with Corporation requirements. The Corporation provides a camera-ready
logo. EAPS are strongly encouraged to use the AmeriCorps name and logo on such
materials.
To establish the relationship between the program and AmeriCorps, the grantee must use
the phrase "The AmeriCorps National Service Network" or "an AmeriCorps program"
and may use the slogan "Getting Things Done"TM on such materials in accordance with
Corporation guidelines and requirements.
The grantee may not alter the AmeriCorps logo, and must obtain the written permission
of the Corporation before using the AmeriCorps name or logo on materials that will be
sold, or permitting donors to use the AmeriCorps name or logo in promotional materials.
The grantee may not use or display the AmeriCorps name or logo in connection with any
activity prohibited in these grant provisions.
4
C. MEMBER RECRUITMENT, SELECTION, AND EXIT
Member recruitment and selection requirements are in the Corporation's regulations at 45 CFR
Part 2522.210. In addition, the grantee must ensure that the following procedures are followed:
1. Notice to the Corporation's National Service Trust. The grantee must notify the
Corporation's National Service Trust within 30 days of a member's selection for,
completion of, suspension from, or release from, a term of service. Suspension of service
is defined as an extended period during which the member is not serving, nor
accumulating service hours or receiving AmeriCorps benefits.
The grantee also must notify the Trust when a change in a member's status is approved
and changed (i.e. from full-time to less than full-time or vice versa). Failure to report
such changes within 30 days may result in sanctions to the grantee, up to and including,
suspension or termination. Grantees or subgrantees meet notification requirements when
they use the appropriate electronic system to inform the Corporation within the approved
time frames. Any questions regarding the Trust should be directed to the Trust Office
(800) 942-2677.
Penalties for false information: Any individual who makes a materially false statement
or representation in connection with the approval or disbursement of an education award
or other payment from the National Service Trust may be liable for the recovery of funds
and subject to civil and criminal sanctions.
2. Parental Consent. Parental or legal guardian consent must be obtained for members
under 18 years of age before beginning a term of service. Grantees may also include an
informed consent form of their own design as part of the member contract materials.
3. Reasonable Accommodation. Programs and activities must be accessible to persons
with disabilities, and the grantee must provide reasonable accommodation to the known
mental or physical disabilities of otherwise qualified members, service recipients,
applicants, and staff. All selections and project assignments must be made without
regard to the need to provide reasonable accommodation. See the Policy FAQ entitled
Reasonable Accommodation for more information.
4. Timekeeping. The grantee is required to ensure that time and attendance recordkeeping
is conducted by the individual who supervises the AmeriCorps member. This time and
attendance record is used to document member eligibility for in-service and post-service
benefits. Time and attendance records must be signed and dated both by the member and
by an individual with oversight responsibilities for the member.
5. Completion of Terms of Service. The grantee must ensure that each member has
sufficient opportunity to complete the required number of hours of service to qualify for
their education award. Members must be exited within 30 days of the end of their term of
service. Should a program not be renewed, a member who was scheduled to continue in a
term of service may either be placed in another program where feasible, or a member
may receive a pro-rated education award if the member has completed at least 15% of the
service hour requirement.
6. Member Exit. In order for a member to receive a post-service education award from the
National Service Trust, the grantee must certify to the National Service Trust that the
member is eligible to receive the education benefit. The grantee (and any individual or
entity acting on behalf of the grantee) is responsible for the accuracy of the information
certified on the end-of-term certification.
D. SUPERVISION AND SUPPORT
Planning for the Term of Service. The grantee must develop member position
descriptions that provide for meaningful service activities and performance criteria that
are appropriate to the skill level of members. The grantee must ensure that each member
has sufficient opportunity to complete the required number of hours to qualify for a post-
service education award. In planning for the member's term of service, the grantee must
account for holidays and other time off, and must provide each member with sufficient
opportunity to make up missed hours.
2. Member Contracts. The grantee must require that each member signs a contract that, at
a minimum, includes or refers to the following:
a. Member position description;
b. The minimum number of service hours (as authorized by statute) and other
requirements (as developed by the grantee) necessary to successfully complete the
term of service and to be eligible for the education award;
c. Standards of conduct, as developed by the grantee or subgrantee;
d. Prohibited activities, including those specified in the regulations;
e. Requirements under the Drug-Free Workplace Act (41 U.S.C. 701 et seq.);
f. Suspension and termination rules;
g. The specific circumstances under which a member may be released for cause;
h. Grievance procedures; and
i. Other requirements as established by the grantee.
The grantee should ensure that the contract is signed before commencement of service so
that members are fully aware of their rights and responsibilities.
3. Supervision. The grantee must provide members with adequate supervision by qualified
supervisors in accordance with the approved application. The grantee must conduct an
orientation for members and comply with any pre-service orientation or training required
by the Corporation.
4. Performance Reviews. The grantee must conduct and keep a record of at least a
midterm and end-of-term written evaluation of each member's performance for Full and
Half-Time members and an end-of-term written evaluation for less than Half-time
members. The end-of-term evaluation should focus on such factors as:
a. Whether the member has completed the required number of hours;
b. Whether the member has satisfactorily completed assignments; and
c. Whether the member has met other performance criteria that were clearly
communicated at the beginning of the term of service.
5. Voter Registration Activities Prohibited. In addition to the prohibited activities listed
in 45 CFR Part 2520.65, staff and members may not engage in voter registration drives,
and the grantee may not use grant funds to conduct a voter registration drive.
6. Member Death or Injury. The grantee must report any member deaths or serious
injuries to the designated Corporation Program Officer immediately.
E. RELEASE FROM PARTICIPATION
Grantees may release members from participation for two reasons: (a) for compelling, personal
circumstances; and (b) for cause. See 45 CFR §2522.230 for requirements. In addition to the
regulations, the following applies:
No Automatic Disqualification if Released for Cause: A release for cause covers all
circumstances in which a member does not successfully complete his/her term of service for
reasons other than compelling personal circumstances. Therefore, it is possible for a member to
receive a satisfactory performance review and be released for cause. For example, a member
who is released for cause for a first term for personal reasons-e.g. he/she has decided to take a
job offer-but who, otherwise, was performing well up until the time he/she decided to leave,
would not be disqualified for a second term as long as he/she received a satisfactory performance
evaluation for the period he/she served.
F. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES
1. Living Allowance Distribution. A living allowance is not a wage. Grantees must not
pay a living allowance on an hourly basis. Grantees should pay the living allowance in
regular increments, such as weekly or bi-weekly, paying an increased increment only on
the basis of increased living expenses such as food, housing, or transportation. Payments
should not fluctuate based on the number of hours served in a particular time period, and
must cease when a member concludes a term of service.
If a member serves all required hours and is permitted to conclude his or her term of
service before the originally agreed upon end of term, the grantee may not provide a lump
sum payment to the member. Similarly, if a member is selected after the program's start
date, the grantee must provide regular living allowance payments from the member's
start date and may not increase the member's living allowance incremental payment or
provide a lump sum to make up any missed payments.
AmeriCorps EAPs may provide a living allowance or other in-service benefits to their
members, but are not required to do so.
2. Waiving the Living Allowance. If a living allowance is paid, a member may waive all
or part of the payment of a living allowance if he or she believes his or her public
assistance may be lost or decreased because of the living allowance. Even if a member
waives his or her right to receive the living allowance, it is possible-depending on the
specific public assistance program rules that the amount of the living allowance that the
member is eligible to receive will be deemed available. A member who has waived the
living allowance may revoke the waiver at any time and may begin receiving the living
allowance prospective to the revocation date; the member may not receive any portion of
the living allowance accrued during the waiver period.
Taxes and Insurance. Requirements related to member living allowances and benefits
are in 45 CFR§§2522.240 and 2522.250. In addition, grantees must ensure that the
following procedures are followed:
a. Liability Insurance Coverage. The grantee is responsible for ensuring adequate
general liability coverage for the organization, employees and members, including
coverage of members engaged in on- and off-site project activities.
b. FICA (Social Security and Medicare taxes). Unless the grantee obtains a ruling
from the Social Security Administration or the Internal Revenue Service that
specifically exempts its AmeriCorps members from FICA requirements, the grantee
must pay FICA for any member receiving a living allowance. The grantee also must
withhold 7.65% from the member's living allowance.
c. Income Taxes. The grantee must withhold Federal personal income taxes from
member living allowances, requiring each member to complete a W-4 form at the
beginning of the term of service and providing a W-2 form at the close of the tax
year. The grantee must comply with any applicable state or local tax requirements.
d. Worker's Compensation. Some states require worker's compensation for
AmeriCorps members. Grantees must check with State Departments of Labor or state
commissions to determine worker's compensation requirements. If worker's
compensation is not required, grantees must obtain Occupational, Accidental, and
Death and Dismemberment coverage for members to cover in-service injury or
incidents.
4. Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under
a collective bargaining agreement, the grantee must provide healthcare insurance to those
members serving a 1700 hour full-time term who are not otherwise covered by a
healthcare policy at the time each begins his/her term of service. The grantee must also
provide 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. The Corporation will not cover healthcare costs for family members.
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.
Minimum Benefits. When required to provide healthcare insurance coverage, the
grantee may obtain healthcare from any provider as long as the coverage provided by the
grantee provides the following minimum benefits:
a. Physician services for illness or injury
b. Hospital room and board
c. Emergency room
d. X-ray and laboratory
e. Prescription drugs
f. Limited mental/nervous disorders
g. Limited substance abuse coverage
h. An annual deductible of no more than $250 charges per member
i. No more than $1,000 total annual out-of-pocket per member
j. A 20% co-pay or a comparable fixed fee with the exception of a 50% co-pay for
mental and substance abuse care
k. A maximum benefit of at least $50,000 per occurrence or cause
Administration of Childcare Payments. In general, the Corporation will provide for
childcare payments, which will be administered through the National Association of
Child Care Resource and Referral Agencies (NACCRRA), hereafter referred to as
AmeriCorps®CARE. Requirements and eligibility criteria are in the AmeriCorps
regulation 45 CFR §2522.250. Grantees that choose to provide childcare as a match
source (as approved in their budget) may use AmeriCorps®CARE for technical
assistance. Grantees can contact AmeriCorps®CARE at (800) 570-4543 with questions
regarding childcare. The criteria for member eligibility are contained in 45 CFR Part
2522.250. Members are considered to be full-time participants for purposes of eligibility
for childcare payments on the same basis as eligibility for healthcare coverage. Members
who excluded from healthcare coverage solely on the basis of serving in a Professional
Corps, or because they are covered under a collective bargaining agreement are not
excluded from receiving childcare benefits on that basis. Members serving in EAPs are
not eligible for the childcare benefit. The Corporation will not cover childcare costs for
family members or for members who have not served on a full-time, or who have ceased
serving on a full-time basis. Programs may provide child care to less-than-full-time
members serving in a full-time capacity, but they are not required to do so. Also see the
Policy FAQs for more detailed information on administering childcare and healthcare.
6. Notice to Childcare and Healthcare Providers. The grantee must notify the
Corporation's designated agents immediately in writing when a member's status changes,
such that it would affect eligibility for childcare or healthcare. Examples of changes in
status include: changes to a member's scheduled service so that he/she is no longer
serving on a full-time basis; terminating or releasing a member from service; and
suspending a member for cause for a lengthy or indefinite time period. Program directors
should contact AmeriCorps®CARE at NACCRRA at (800) 570-4543 on childcare
related changes, and their health insurance provider about health insurance related
changes.
G. MEMBER RECORDS AND CONFIDENTIALITY
Recordkeeping. The grantee must ensure that records are maintained sufficient to
establish that each member was eligible to participate and that the member successfully
completed all requirements. A program may store member files electronically if the
program can ensure that the validity and integrity of the record is not compromised. The
Corporation will recognize electronically stored files where:
The electronic storage procedures and system provide for the safe-keeping and security of
the records, including:
a. Sufficient prevention of unauthorized alterations or erasures of records;
b. Effective security measures to ensure that only authorized persons have access to
records;
c. Adequate measures designed to prevent physical damage to records; and
d. A system providing for back-up and recovery of records; and
The electronic storage procedures and system provide for the easy retrieval of records in
a timely fashion, including:
a. Storage of the records in a physically accessible location;
b. Clear and accurate labeling of all records; and
c. Storage of the records in a usable, readable format.
Where there is a requirement for a signature on a record, electronically stored records
must include an image of the original signature; records without signatures, when
required, are considered incomplete.
2. Verification. The grantee must obtain and maintain documentation as required by 45
CFR§2522.200(c). The Corporation does not require programs to make and retain copies
of the actual documents used to confirm age or citizenship eligibility requirements, such
as a driver's license, or birth certificate, as long as the grantee has a consistent practice of
identifying the documents that were reviewed and maintaining a record of the review.
To verify whether the member meets the requirements relating to high-school education,
the grantee must obtain from the member, and maintain in the member's file, a written
declaration under penalty of law that the member meets the requirements of these
provisions relating to high school education as required by 45 CFR§2522.200(b). If the
member has been determined to be incapable of obtaining a high school diploma or its
equivalent, the grantee must retain a copy of the supporting independent evaluation.
3. Confidential Member Information. The grantee must maintain the confidentiality of
information regarding individual members. The grantee must obtain the prior written
10
consent of all members before using their names, photographs and other identifying
information for publicity, promotional or other purposes. Grantees may release aggregate
and other non-identifying information, and are required to release member information to
the Corporation and its designated contractors. The grantee must permit a member who
submits a written request for access to review records that pertain to the member and
were created pursuant to this grant.
H. BUDGET AND PROGRAMMATIC CHANGES
1. Programmatic Changes. The grantee must first obtain the prior written approval of the
AmeriCorps Program Office before making the following changes:
a. Changes in the scope, objectives or goals of the program, whether or not they involve
budgetary changes;
b. Substantial changes in the level of participant supervision;
c. Entering into additional subgrants or contracts for AmeriCorps activities funded by
the grant, but not identified or included in the approved application and grant budget.
2. Program Changes for Formula Programs. State Commissions are responsible for
approving the above changes for state formula programs.
3. Budgetary Changes. The grantee must obtain the prior written approval of the
Corporation's Office of Grants Management before amending the approved budget in any
of the following ways:
a. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A-
21 (2 CFR Part 220), A-87 (2 CFR Part 225) or A-122 (2 CFR Part 230). For certain
cost items, the cost circulars require approval of the awarding agency for the cost to
be allowable. Examples of these costs are overtime pay, rearrangement and alteration
costs, and pre-award costs.
b. Purchases of Equipment over $5,000 using grant funds, unless specified in the
approved application and budget.
c. Unless the Corporation share of the award is $100,000 or less, changes to cumulative
and/or aggregate budget line items that amount to 10 per cent or more of the total
budget must be approved in writing in advance by the Corporation. The total budget
includes both the Corporation and grantee shares. Grantees may transfer funds
among approved direct cost categories when the cumulative amount of such transfers
does not exceed 10 percent of the total budget.
4. Approvals of Programmatic and Budget Changes. Programmatic changes also require
final approval of the Corporation's Office of Grants Management after written
recommendation for approval is received from the Program Office. The Grants Officers
will execute written amendments, and grantees should not assume approvals have been
granted unless documentation from the Grants Office has been received.
I. REPORTING REQUIREMENTS
1. Grantee Progress Reports. Each grantee must submit an annual progress report due to
the Corporation by the first Monday in December. The report is submitted through the
appropriate electronic system.
2. Financial Reports. The grantee must submit semi-annual cumulative financial reports,
summarizing expenditures during the reporting period. These reports will be submitted
through the appropriate electronic system. Financial report deadlines are as follows:
Due Date Reporting Period Covered
April 30 Start of grant through March 31
October 31 April 1 - September 30
A grantee must set its own submission deadlines for its respective subgrantees sufficient
to enable the grantee to report on-time. National Professional Corps grantees submit one
financial report per year.
All grantees including EAPs must submit cash transaction reports on a quarterly basis to
the Department of Health and Human Services Payment Management System per the
Electronic Funds Transfer Agreement.
3. Financial Reports for EAPs. EAP grants are fixed amount awards, so the financial
report is not required.
4. Requests for Extensions. Requests for extensions of reporting deadlines will be granted
when 1) the report cannot be furnished in a timely manner for reasons legitimately
beyond the control of the grantee and 2) the Corporation receives a request explaining the
need for an extension before the due date of the report.
Extensions of deadlines for financial reports may only be granted by the Office of Grants
Management, and extensions of deadlines for Progress Reports may only be granted by
the AmeriCorps Program Office.
5. Final Financial Reports. A grantee completing the final year of its grant must submit,
in lieu of the last semi-annual financial report, a final financial report that is due within
90 days after the end of the grant.
J. GRANT PERIOD AND INCREMENTAL FUNDING
For the purpose of the grant, a project period is the complete length of time the grantee is
proposed to be funded to complete approved activities under the grant. A project period may
contain one or more budget periods. A budget period is a specific interval of time for which
Federal funds are being provided to fund a grantee's approved activities and budget.
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Unless otherwise specified, the grant covers a three-year project period. In approving a multi-
year project period, the Corporation generally makes an initial award for the first year of
operation. Additional funding is contingent upon satisfactory performance and the availability of
funds. The project period and the budget period are noted on the award document.
V. GENERAL PROVISIONS
A. RESPONSIBILITIES UNDER GRANT ADMINISTRATION
Accountability of the Grantee. The grantee has full responsibility for managing all
aspects of the grant and grant-supported activities, subject to the oversight of the
Corporation. The grantee is accountable to the Corporation for its operation of the
AmeriCorps program and the use of Corporation grant funds. The grantee must expend
grant funds in a judicious and reasonable manner, and it must record accurately the
service activities and outcomes achieved under the grant. Although grantees are
encouraged to seek the advice and opinion of the Corporation on special problems that
may arise, such advice does not diminish the grantee's responsibility for making sound
judgments and does not mean that the responsibility for operating decisions has shifted to
the Corporation.
Notice to Corporation. The grantee will notify the appropriate Corporation Program or
Grants Officer immediately of any developments or delays that have a significant impact
on funded activities, any significant problems relating to the administrative or financial
aspects of the grant, or any suspected misconduct or malfeasance related to the grant or
grantee. The grantee will inform the Corporation official about the corrective action
taken or contemplated by the grantee and any assistance needed to resolve the situation.
B. FINANCIAL MANAGEMENT STANDARDS
1. General. The grantee must maintain financial management systems that include standard
accounting practices, sufficient internal controls, a clear audit trail, and written cost
allocation procedures, as necessary. Financial management systems must be capable of
distinguishing expenditures attributable to this grant from expenditures not attributable to
this grant. The systems must be able to identify costs by programmatic year and by
budget category and to differentiate between direct and indirect costs or administrative
costs. For further details about the grantee's financial management responsibilities, refer
to OMB Circular A-102 and its implementing regulations (45 CFR§2541) or A-110 (2
CFR Part 215) and it's implementing regulations (45 CFR§2543), as applicable.
2. Consistency of Treatment. To be allowable under an award, costs must be consistent
with policies and procedures that apply uniformly to both federally financed and other
activities of the organization. Furthermore, the costs must be accorded consistent
treatment in both federally financed and other activities, as well as between activities,
supported by different sources of federal funds.
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Audits. Grantee organizations that expend $500,000 or more in a year in Federal awards
shall have a single or program-specific audit conducted for that year in accordance with
the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and OMB Circular A-133. If
the grantee expends federal awards under only one federal program, it may elect to have a
program specific audit, if it is otherwise eligible. A grantee that does not expend
$500,000 in federal awards is exempt from the single audit requirements of OMB
Circular A-] 33 for that year. However, it must continue to conduct financial
management reviews of its subgrantees, and records must be available for review and
audit.
A recipient of a Federal grant (pass-through entity) is required in accordance with
paragraph 400(d) of OMB Circular A-133, to do the following with regard to its
subrecipients: (1) identify the Federal award and funding source; (2) advise sub-
recipients of all requirements imposed on them; (3) monitor subrecipient activities and
compliance; (4) ensure subrecipients have A-133 audits when required; (5) issue
decisions and ensure follow-up on audit findings in a timely manner; (6) where
necessary, adjust its own records and financial statements based on audits; and (7) require
subrecipients to permit access by the pass-through entity and auditors to records and
financial statements, as necessary, for the pass-through entity to comply with A-133.
4. Consultant Services. Payments for consultant services under this grant will not exceed
$540.00 per day (exclusive of any indirect expenses, travel, supplies and so on) unless
procured consistent with 45 CFR Part 2543.44.
C. THE OFFICE OF INSPECTOR GENERAL
The Corporation's Office of Inspector General (OIG) conducts and supervises independent and
objective audits, evaluations, and investigations of Corporation programs and operations. Based
on the results of these audits, reviews, and investigations, the OIG recommends policies to
promote economy and efficiency and to prevent and detect fraud, waste, and abuse in the
Corporation's programs and operations.
The OIG conducts and supervises audits of Corporation grantees, as well as legislatively
mandated audits and reviews. The legislatively mandated audits include the annual financial
statement audit, and fulfilling the requirements of the Government Information Security Reform
Act and its successor, the Federal Information Security Management Act. A risk-based
approach, along with input received from Corporation management, is used to select grantees
and grants for audit. The OIG hires audit firms to conduct some of its audits. The OIG audit
staff is available to discuss its audit function, and can be reached at (202) 606-9390.
The OIG is available to offer assistance to AmeriCorps grantees that become aware of suspected
criminal activity in connection with the AmeriCorps program. Grantees should immediately
contact OIG when they first suspect that a criminal violation has occurred. The OIG
investigative staff is available to provide guidance and ensure that the appropriate law
enforcement agency is notified, if required. The OIG may be reached by email at
hotline@cnsoig.gov or by telephone at (800) 452-8210.
14
D. PROGRAM INCOME
1. General. Income, including fees for service earned as a direct result of the grant-funded
program activities during the award period, must be retained by the grantee and used to
finance the grant's non-Corporation share.
2. Excess Program Income. Program income earned in excess of the amount needed to
finance the grantee share must follow the appropriate requirements of 45 CFR §2541.250,
2 CFR Part 225, 2 CFR Part 215, or 2 CFR Part 220 and be deducted from total claimed
costs. Grantees that earn excess income must specify the amount of the excess in the
comment box on the Financial Report.
3. Fees for Service. When using assistance under this grant, the grantee may not enter into
a contract for or accept fees for service performed by members when:
a. The service benefits a for-profit entity,
b. The service falls within the other prohibited activities set forth in these grant
provisions, or
c. The service violates the non-displacement Provisions of the Act set forth in these
grant provisions.
E. SAFETY
The grantee must institute safeguards as necessary and appropriate to ensure the safety of
members. Members may not participate in projects that pose undue safety risks.
F. NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE
1. Public Notice of Non-discrimination. The grantee must notify members, community
beneficiaries, applicants, program staff, and the public, including those with impaired
vision or hearing, that it operates its program or activity subject to the non-discrimination
requirements of the applicable statutes. The notice must summarize the requirements,
note the availability of compliance information from the grantee and the Corporation, and
briefly explain procedures for filing discrimination complaints with the Corporation.
Sample language is:
It is against the law for organizations that receive federal financial assistance from the
Corporation for National and Community Service to discriminate on the basis of race,
color, national origin, disability, sex, age, political affiliation, or, in most cases, religion.
It is also unlawful to retaliate against any person who, or organization that, files a
complaint about such discrimination. In addition to filing a complaint with local and
state agencies that are responsible for resolving discrimination complaints, you may
bring a complaint to the attention of the Corporation for National and Community
Service. Ifyou believe that you or others have been discriminated against, or ifyou want
more information, contact:
15
(Name, address, phone number - both voice and TTY, and preferably toll free - FAX
number and e-mail address of the grantee) or
Office of Civil Right and Inclusiveness
Corporation for National and Community Service
1201 New York Avenue, NW
Washington, D. C. 20525
(202) 606-7503 (voice); (202) 565-2799 (TTY)
(202) 565-3465 (FAQ; eo@cns.gov (e-mail)
The grantee must include information on civil rights requirements, complaint procedures
and the rights of beneficiaries in member contracts, handbooks, manuals, pamphlets, and
post in prominent locations, as appropriate. The grantee must also notify the public in
recruitment material and application forms that it operates its program or activity subject
to the nondiscrimination requirements. Sample language, in bold print, is "This program
is available to all, without regard to race, color, national origin, disability, age, sex,
political affiliation, or, in most instances, religion." Where a significant portion of the
population eligible to be served needs services or information in a language other than
English, the grantee shall take reasonable steps to provide written material of the type
ordinarily available to the public in appropriate languages.
2. Records and Compliance Information. The grantee must keep records and make
available to the Corporation timely, complete and accurate compliance information to
allow the Corporation to determine if the grantee is complying with the civil rights
statutes and implementing regulations. Where a grantee extends federal financial
assistance to subgrantees, the subgrantees must make available compliance information
to the grantee so it can carry out its civil rights obligations.
3. Obligation to Cooperate. The grantee must cooperate with the Corporation so that the
Corporation can ensure compliance with the civil rights statutes and implementing
regulations. The grantee shall permit access by the Corporation during normal business
hours to its books, records, accounts, staff, members, facilities, and other sources of
information as may be needed to determine compliance.
G. GRANT PRODUCTS
1. Sharing Grant Products. To the extent practicable, the grantee agrees to make products
produced under the grant available at the cost of reproduction to others in the field.
2. Acknowledgment of Support. Publications created by members or grant-funded staff
must be consistent with the purposes of the grant. The AmeriCorps logo may be included
on such documents. The grantee is responsible for assuring that the following
acknowledgment and disclaimer appears in any external report or publication of material
based upon work supported by this grant.
"This material is based upon work supported by the Corporation for National and
Community Service under AmeriCorps Grant No. . Opinions or points of view
expressed in this document are those of the authors and do not necessarily reflect the
16
official position of, or a position that is endorsed by, the Corporation or the AmeriCorps
program."
H. SUSPENSION OR TERMINATION OF GRANT
Regulations related to the Corporation's authority to suspend or terminate this grant are
contained in 45 CFR§2540.400. In addition, a grantee may suspend or terminate assistance to
one of its subgrantees, provided that such action affords the subgrantee, at a minimum, the notice
and hearing rights described in 45 CFR§2540.400.
I. FIXED AMOUNT AWARD (Education Award Programs Only)
Education Award Program awards are for fixed amounts and are not subject to the Federal Cost
Principles. The fixed federal assistance amount of the grant is based on the approved and
awarded number of full time equivalent members (MSYs) specified in the award.
The final award amount that the grantee may retain is dependent upon the grantee's notifying the
Corporation's National Service Trust of the members that it has selected (subject to the number
of members allotted to the grantee as specified in the award). All such members must carry out
activities to achieve the specific project objectives as approved by the Corporation. At closeout,
the Corporation will calculate the final amount of the grant based on Trust documentation. The
Corporation will recover any amounts drawn down by the grantee in excess of the final grant
amount allowed based on member selection documentation in the Trust.
J. TRAFFICKING IN PERSONS
This grant is subject to requirements of Section 106(g) of the Trafficking Victims Protection Act
of 2000, as amended (22 U.S.C. 7104).
1. Provisions applicable to a recipient that is a private entity.
a. You as the grantee, your employees, subgrantees under this grant, and subgrantee's
employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the
grant is in effect;
ii. Procure a commercial sex act during the period of time that the grant is in effect;
or
iii. Use forced labor in the performance of the grant or subgrants under the grant.
b. We as the Federal awarding agency may unilaterally terminate this grant, without
penalty, if you or a subgrantee that is a private entity -
L Is determined to have violated a prohibition in paragraph a. I of this grant term; or
ii. Has an employee who is determined by the agency official authorized to terminate
the grant to have violated a prohibition in paragraph a. I of this grant term through
conduct that is either:
A. Associated with performance under this grant; or
17
B. Imputed to you or the subgrantee using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR Part 180, "OMB guidelines to Agencies on Government-wide
Debarment and Suspension (Non-procurement)," as implemented by our
agency at 2 CFR Part 2200.
2. Provisions applicable to a grantee other than a private entity. We as the Federal awarding
agency may unilaterally terminate this grant, without penalty, if a subgrantee that is a
private entity -
a. Is determined to have violated an applicable prohibition of paragraph a.1 of this grant
term; or
b. Has an employee who is determined by the agency official authorized to terminate the
grant to have violated an applicable prohibition in paragraph a. I of this grant term
through conduct that is -
i. Associated with performance under this grant; or
ii. Imputed to the subgrantee using the standards and due process for imputing
conduct of an individual to an organization that are provided in 2 CFR Part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 2 CFR Part 2200.
3. Provisions applicable to any grantee.
a. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.I of this grant term.
b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
L Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this grant.
c. You must include the requirements of paragraph a.l of this grant term in any subgrant
you make to a private entity.
4. Definitions. For purposes of this grant term:
a. "Employee" means either:
i. An individual employed by you or a subgrantee who is engaged in the
performance of the project or program under this grant; or
ii. Another person engaged in the performance of the project or program under this
grant and not compensated by you including, but not limited to, a volunteer or
individual whose service are contributed by a third part as an in-kind contribution
toward cost sharing or matching requirements.
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":
18
L Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR Part 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR Part 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).
19
NATIONAL
COMMUNITY
SERVICEC=
Grant Program Civil Rights and Non-Harassment Policy
The Corporation for National and Community Service (CNCS) has Leto tolerance for the harassment of any
individual or group of individuals for any reasrxt. CNCS is committed to treating all persons with dignity
and respect. CNCS prohibits all fortis of discrimination based upon race, color, national origin, gender.
sexual orientation, religion, age, disability, political affiliation, marital or parental status, or military
service. All programs administered by, or receiving Federal financial assistance from CNCS, must be free
from all forms of harassment, Whether in CNCS offices or campuses. in other service-rclated settings such
as training sessions or service sites, or at service-related social events, such harassment 6 unacceptable.
Any such harassment, if found, will result in immediate corrective action, up to and including removal or
termination of any CNCS employee or volunteer. Recipients of Federal financial assistance, be they
individuals, organisations, programs andtor projects are also subject to this zero tolerance policy. Where a
violation is found, and subject to regulatory procedures, appropriate corrective action will be taken, up to
and including termination of Federal financial assistance from 1111 Federal sources.
Slurs and other verbal or physical conduct relating to an individual's gender, race. ethnicity. religion.
sexual orientation or any other basis constitute harassment when it has the purpose or effect of interfering
with service performance or creating an intimidating, hostile, or offensive service environment.
Harassment includes, but is not limited to; explicit or implicit demands 1'or sexual favors; pressure 1'or
dates; deliberate touching, leaning over, or cornering; offensive teasing, jokes, remarks, or questions;
letters, phone calls, or distribution or display of offensive materials; offensive looks or gestures; gender,
racial, ethnic. or religious baiting; physical assaults or other threatening behavior; or demeaning,, debasing
or abusive comments or actions that intimidate.
CNCS does not tolerate harassment by anyone including persons (if' the same or different raves. sexes,
religions, or ethnic origins; or from a CNCS employee or supervisor; a project- or site employee or
supervisor: a non-employee client); a co-worker or service memher.
1 expect supervisors and managers of CNCS programs and projects, when made aware of alleged
harassment by employees, service panicipants, or other individuals, to immediately take swift and
appropriate action, CNCS will not tolerate retaliation against a person who raises harassment concerns in
good faith. Any CNCS employee who violates this policy will be subject to discipline, up m and including
termination, and any grantee that permits harassment in violation of this policy will be subject to a finding
of non-compliance and administrative procedures that may result in terminatinn of Fcdcml financial
assistance from CNCS and all other Federal agencies.
Any person who believes that he or she has been discriminated against in violation of civil rights laws,
regulations, or this policy, or in retaliation for opposition to discrimination or participation in
discrimination complaint proceedings (e.g., as a complainant or witness) in any CNCS program or project,
may raise his or her concerns with our Office nt' Civil Rights and Inclusiveness (OCR[). Discrimination
claims not brought to the attention of OCRI within 45 days of their occurrence may not be accepted in a
formal complaint of discrimination. No one can be required to use a program, project or sponsor dispute
resolution procedure before contacting OCKI. If another procedure is used, it does not afTecf the 45-da),
time limit. OCRI may be reached at (202) 606-7503 (voice). (202) 606-3472 ('rTV), •gQv, or
through vrvyYy,p9ionaJ=yjQL&Qv.
10!0 112008
Gate David Eisner, Chief Fxecutive Officer
1201 New Yhrk Avenue N.W. ri Wa.htngton. DC 20545
000 202-60 -bulb-5(10U • www.taninnalsen*icr.nrR
Senior Corps * AIPe(iCortn * Learn and Serve America V. P-d- 611 ,a 4rn,r
20