2004-2005 STANDARD CONTRACT 04AC045391 FOR CRIME PREVENTION ASSISTANCE AND COMMUNITY POLICING EFFORTS-EXPIRATION DATE 12-31-2005♦` I � ,
� ' The Governor s Commission on
• Volunteerism and Community Service
Governor 1eb Bush
401 South Monroe Street '
Tallahassee, FL 32301
��C��(850)921-5172 voice/tty
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Commissioners
Cynthia Asia, Chairman
Putnam County
Carl Weinrich, Vice Chairman
Sarasota County
Robert Ruana, Treasurer
Dade County
David Armstrong
Leon County
Honor Bell
Escambio County
Debbie Brooks
Marion County
Michael Buckner
BrowardCounty
Laura Corry
Palm Beach County
Jeffery Donle
Osceola Coun�y
Gloria Evans
SeminoleCounty
Joe Follman
leon Caunty
Marci Greene
(ee Counry
George Guthrie
Pinellas County
Jacqueline Lautenberger
Leon County
Sandra lopes
Highlands County
Patricia Miller-Harden
Marion County
Patrick Morris
lmmediate Past Chairman
Dade County
Cristina Oliva
Dade County
Julie Prevatt
Washington County
Suzanne Richards
Orange County
James "Bob" Richburg
Okaloosa County
Maria Sanjuan
Broward County
CheryI Simmers
Polk Counry
Megan Spillane
Alachua Caunty
Joan Wallace
Broward County
Flora Woodfaulk
TaylorCounty
Terry Worthington
Polk County
Wendy Spencer
ChieffxeativeO�cer
December 20, 2004
The Honorable Brian Aungst
Mayor-Commissioner
City of Clearwater, Florida
645 Pierce Street
Clearwater, Florida 33756-5400
Dear Mayor Aungst:
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Congratulations! Volunteer Florida, the Governor's Commission on Volunteerism
and Communiry Service, is pleased to extend a grant of $171,504 to the Clearwater
Police Department for the AmeriCorps Clearwater Program. Your contract is now
fully executed. Enclosed are two official copies with original signatures, one for
AmeriCorps Clearwater's records and one for the City Clerk.
National Service programs continue to strengthen communities across Florida. As
part of this movement, your work is invaluable and we look forward to another
successful program year!
If you have any questions, please contact your Program Consultant Ericka
Zdenek. And feel free to let me know how I can help. Many thanks for engaging
AmeriCorps members in your mission to serve!
Warmest Regards,
�
endy Sp r
Chief Ex utive Officer
Cc: William B. Horne, II, City Manager, City of Clearwater
Sid Klein, Chief of Police, City of Clearwater
Ekaterini Gerakios, AmeriCorps Program Director, Clearwater Police Dept.
Amieko Watson, Director of National Service Programs
Venita Dorsey, Director of Financial Operations
2004-2005 STANDARD CONTRACT
Contract 04AC045391
This agreement is made BETWEEN
The Florida Commissio� on Community Service
commonly referred to as Volunteer Florida
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Coinmission"
AND
City of Clearwater, Florida
on benalf of the Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756-5400
referred to herein as the "Provider"
The Provider, to be commonly referenced as "AmeriCorps Clearwater" will utilize AmeriCorps
members to assist with crime prevention and community policing efforts in Clearwater, Florida in
order to foster citizen responsibility, build neighborhood unity, and provide educational
opportunities. In consideration of the initial or continued 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 is responsible for the compliance requirements applicable to CFDA
# 94.006 Federal Programs. These requirements are inclusive of the AmeriCorps
Provisions provided as Attachment III.
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.
B. Contract Renewal. This contract may be renewed on a yearly basis not to exceed
two (2) years beyond the initial contract. Such renewals shall be contingent upon
satisfactory performance evaluations, compliance, the availability of funds, and a
continuing AmeriCorps funding application in accordance with the Request for
Proposal requirements for the corresponding year. A contract amendment will be
executed for all renewals.
C. Program Name. The Provider may not change the program name without the prior
written approval of the Commission.
D. Program Performance Measures Objectives
1. Needs and Services (Intermediate Outcome) — AmeriCorps Clearwater
members will patrol the school grounds of the 2 local high schools for at least 3
days per week leading to 90% of the School Administration Staff feeling that the
presence and accomplishments of the AmeriCorps Clearwater membership
contribute to a safer school environment, as demonstrated by an end-of-year
survey of the School Administration and supported by statistics logs.
2. Participant Development (Intermediate Outcome) — Police assignments.
mentoring, and training will lead to 90% of our program's members reporting and
demonstrating increases in policing knowledge, as measured at the midway point
of each program year through assessments provided by law enforcement
personnel (police mentors).
3. Strengthening Communities (Output) — AmeriCorps Clearwater members will
coordinate 2 events in low-income areas by engaging volunteers of all ages and
backgrounds from local communities that will become involved in community
strengthening, civic responsibility and/or safety activities. By the end of the
program year, the volunteers will contribute at least 500 hours of service, as
measured by volunteer logs.
4. Strengthening Communities (Output) — AmeriCorps Clearwater members will
support the Clearwater Police Department's (CPD) efforts to promote public
safety, public health, and disaster relief and preparedness related to homeland
security by assisting CPD personnel in educating and training the public during 2
or more seminaxs reaching 150 community members, conducting safety patrols of
specific critical infrastructure ("hot spots") for a minimum of 500 hours per year,
and providing perimeter traffic and security services for emergency incidents
requiring wide-area perimeters, as documented by the members' timesheets and
confirmation by CPD personnel.
5. Strengthening Communities (End Outcome) — Each AmeriCorps Clearwater
members will assist police units in the execution of crime prevention, traffic
control, and other details to provide services to residents resulting in saving at
least 180 hours of valuable officer time, valued at no less than $4,140 per member
by year end, as documented by forms and reports of the Clearwater Police
Department.
Performance Measure Objectives may be revised only through the Corporation for
National and Community Service's Web Based Reporting System (WBRS).
E. Budget. Both a budget and budget narrati�e for the deliver}� of services described in
this contract are provided in Attachment II.
1. Match Requirements and In-Kind Contributions
a. The Provider must provide matching funds (cash) totaling a minimum of
twenty nine and seven tenths percent (29.7%) of the total for AmeriCorps
Member costs.
b. The Provider must provide matching funds (cash) and/or in-kind contributions
totaling a minimum of sixty and seven tenths percent (60.7%) of the total for
all other costs.
2. Budget Revisions. The Commission must be notifed of all changes and the
purposes of changes to the budget. The Commission reserves the right to disallow
any revisions.
3. Property. The Provider agrees to seek prior approval to purchase any equipment
and/or furniture not listed in Attachment II with a purchase price of $500 or more
to be reimbursed by the Commission.
F. Reporting
1. Internet Access. The Provider agrees to provide the AmeriCorps Program
Internet access and e-mail capability.
2. Monthly Progress Reports. All first year AmeriCorps programs are required to
complete a monthly report by the fifteenth (15t") calendar day of each month
during the contract period. The Commission reserves the right to request monthly
reports be submitted by any Provider.
3. WBRS Progress Reports. The Provider will submit Progress reports via the
Web Based Reporting System (WBRS) in accordance with the requirements of
the Commission and the Corporation for National Service as follows:
a. January, 2005- March 2005; due April 15, 2005
b. April, 2005-June, 2005; due July 15, 2005
c. July, 2005-September, 2005; due October 15, 2005
d. October, 2005-December 2005; due January 15, 2006
4. Recruitment Plan for Persons with Disabilities. The Provider will submit an
updated or revised Recruitment Plan for Persons with Disabilities between the
sixth and ninth month of the program.
5. WBRS FSR Reports. The Provider will submit Quarterly Financial Status
Reports using Form SF269A in WBRS as follows:
a. January-March 31, due Apri129, 2005
b. April-June 30, due July 29, 2005
c. July-September 30, due October 31, 2005
d. October-December 31, due February 15, 2006
6. WBRS Financial Reports for Reimbursement. The Provider will submit to the
Commission monthly financial reports for reimbursement consisting �f a Periodi�
Expense Report and Income Report. Both reports are standard forms on WBRS.
With the exception of the final financial reports, all reports for reimbursement are
due within the month following the period of report. If circumstances occur
delaying the reimbursement request, an explanation should be sent to the
Commission before the reimbursement request is due.
7. 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.
8. Supporting Documentation. The Provider will submit supporting documentation
as requested for reported expenditures. At least once during the contract year the
Commission will request a prior month's supporting documentation.
9. 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 $500.00 or more bought with funds provided through this contract. This
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, ar to receive repayment for funds provided through this contract used in
the purchase or any portion of such equipment or furniture.
10. Audits. The Provider agrees to provide the Commission financial and
compliance audits of the Provider with the management letter 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.
11. Other Reports. The Provider agrees to provide other reports as may be requested
by the Commission by an established deadline.
G. Staff Recruitment and Responsibilities
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 Full-time Program Director
to be responsible for the overall management of the program.
H. AmeriCorps Member Recruitment and Responsibilities
1. Recruit a minimum of fourteen (14) AmeriCorps Members into full-time service
within sixty (60) days of implementation of this contract. The provider will recruit
Members who are representative of the community served. Members will be
provided with a living allowance of $10,197.00 per term of service.
2. Not more than three (3) of the AmeriCorps Members as stated in I.H.l . above will
serve in the capacity of a Team Leader. In accordance with Attachment III of this
contract, a Team Leader is not allowed to supervise other AmeriCorps Members.
A Team Leader will be provided with a living allowance between $10,197.00 and
$11,197.00. The additional allowance is reflected in the Grantee Share of the
budget.
3. The Provider agrees to implement the Commission approved Recruitment Plan for
Persons with Disabilities.
4. The positions, position descriptions, and number of Members working in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission.
5. A National Service Enrollment Form must be completed via WBRS for all
Members. The program should keep a hard copy of the member enrollment form
in a member file.
6. Member positions may only be revised through a Member Change of Status Form
completed via WBRS for each Member for the following conditions:
a. suspension;
b. ending service early;
c. 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.
7. A National Service Trust End of Term of Service/Exit Form must be completed
via WBRS for each Member upon completion of her/his term of service. The
program should keep a hard copy in a member file.
8. The Provider will submit approved forms in WBRS within 30 days upon a
member's enrollment in, completion of, lengthy or indefinite suspension from, or
release from, a term of service.
I. Partnership Development and Site Agreements
1. The Provider may enter into 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:
a. contributions of cash support for the services provided under the terms of this
contract
b. contributions of in-kind support for the services provided under the terms of
this contract.
c. coordination of service activities to prevent duplication of effort;
d. evaluation of service activities, Member development, etc.;
e. fundraising;
f. promotions or public relations; and
g. provision of inember supervision and/or service site.
3. Agreements with partners to provide Member supervision and/or service sites
must be in writing and include the following items as appropriate:
a. description of services to be provided by Members;
b. c1�si�naliun uf ptcs�n(s) respc�nsiblc: fur member supervision and verification
of inember 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 such materials as
may reasonably accommodate the listing, including ;
a. brochures;
b. flyers;
c. posters; and
d. public service announcements.
J. 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 to be assigned to provide assistance in disaster preparedness,
response, recovery, and/or mitigation activities. As part of its commitment to
conullunity service, the provider agrees to Crau1 its members a�id 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, tomadoes, floods, other weather related events
and man-made events, such as hazardous materials accidents. Program members,
v�lunteers, 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 rec�uested to provide assistance
anywhere in the State of Florida. Provider staff and AmeriCorps Members shall work
under the direction and control of the Provider and shall not be considered volunteers to
FEMA, DCA or DEM far 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 would 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
rli��il�l� �.�p�i�;�� m�i�� bc reimbursed. The State of Tlorida. 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.
K. 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 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 or other local resources reqLiested from the
Commission, or coordinated through the Commission.
1. Staff. l�he Yrovider will ensure the provision of training and/or technical
assistance to ensure successful program implementation and operation. Required
trainings inelude;
a. four (4) Quarterly Program Director Meetings; and
b. one (1) disability inclusion training sponsored by the Commission and one (1)
disability inclusion training of format approved by the Commission.
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.
2. 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.
b. diversity appreciation;
c. citizenship;
d. disability awareness and sensitivity.
Other suggested topics are, but are not limited to:
a. team building;
b. conflict resolution;
c. career development;
d. Life after AmeriCorps.
L. National Service Activities. The Provider will schedule and conduct a at least one
direct service activities 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.
!�1. (�ualit� Assurance and Evaluation
1. The Provider will track and document progress made toward accomplishing the
deliverables of this contract.
2. The Provider agrees to facilitate, implement 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 formative evaluations to examine primary stakeholder
satisfaction with the program services, including at a minimurn:
a. AmeriCorps members;
b. service recipients; and
c. community residents.
5. Pruvide any requested information in a timely fashion in the format speciFed 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.
4. "I�he Provider agrees to allow public access to all documents, papers, letters, or
other material5 subject to the pro��isions of Chapter 119, F,S. and madc 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.
O. Safeguarding Information. The Provider agrees not to use or disclose information
concerning a recipient of services under this contract for any purpose not in
�uiilur►l�ity with the s�ate i-t�ulations (119, F.S) and Cederal re�ula�ioiis (�5 CFR, Part
205.50), except upon written consent of the recipient or the recipient's responsihle
parent or guardian when authorized by law.
P. 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.
Q. 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 76�.28, ��lorida Statute.
R. 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).
S. Sponsorship
1. The Provider agrees to, in publicizing, advertising, or describing the sponsorsllip
of a program funded wholly or in part by the Commission, state "Sponsored by
Provider 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 �ther written and pict�rial communication media for all �r�grams fi�nded
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.
T. Purchasing, Procurement of Materials with Recycled Content. The Provider
agrees that any products or materials that are the subject or are required to carry out
this contract shall be procured in accordance with the provisions of s.403.7065 and
287.045, F.S.
U. 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.
V. 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-la��. dauehter. daughter-in-law and separated spouses.
W. Sustainability. It is understood that the funding provided by the Commission for this
program is "seed money" to be used by the Provider to initiate a program, with the
assistance of the Commission, that will eventually be funded and mana�ed locall}
with minimal federal funds or responsibility for the program. To this purpose, the
Provider agrees to make a good faith effort to develop resources that will be applied
to the future operation of this program. Resources that are acquired during the course
of this contract will be reported to the Commission.
X. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility
and prohibit discrimination in accordance with AmeriCorps Provisions C. 30.
II. COMMISSION AGREEMENTS
A. Reimbursements. Complete and accurate reimbursement requests (WBRS Periodic
Expense Report and Income Report) will be processed at least bi-monthly by the
Commission and submitted to the Commission's fiscal agent, Tallahassee Community
College, for payment.
R. Technical Assistance. The ('�mmissirni a�ree� t� pm��ide �r assist the Pr���icler 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 Renewal. The Commission will notify the Provider in writing of the
submission date and requirements for the continuing application for contract renewal.
III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS
A. Effective and Ending Dates. The contract shall begin January 1, 2005 and end
December 31, 2005.
B. Contract Funding Amount. The maximum amount reimbursable under this
agreement is $171,504.00.
C. Type of Contract. This will be a cost reimbursement contract. Payment far the
contracted services will be contingent upon the documented allowable expenditures
lur the spc;citlecl cuntract periud. Thc; Cuiniliissi�n'� p�rCurmaiic� ail�l ubli�atiuii lu
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. Unless otherwise specified, the
Provider owns and may copyright any work that is subject to copyright, including
software designs, training manuals, curricula, videotapes and other products produced
under the grant. However, the Provider may not sell any work that includes the
Commission logo without prior Commission written approval. 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.
E. Contact Protocol. The primary contact for all matters relating to this program shall
be the staff listed in Section III. I 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 signed by the Commission, Tallahassee Community
Cullc;�c aild thc Provider.
G. Termination.
1. Termination at Will. �I�his 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 mav employ the default provision in
Chapter 60A-1.006(3), FAC. Waiver of breach of any provisions of this eontract
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 provisi�ns herein do n�t
limit the Commission's right to remedies at law or to damages.
H. 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.
I. 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, FL 32301
(850) 921-5172
ericka@volunteerflorida. 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:
Ekaterini Gerakios
AmeriCorps Program Director
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
(727) 562-4142
kgerakio@clearwater-fl. com
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.
J. 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 - Budget and Budget Narrative
Attachment III - AmeriCorps Provisions
IN WITNTSS T��IEREOF, the parties hereto have caused this contract to be extcut�d by their
undersigned officials as duly authorized.
PROVIDER
Counte ned:
Br n J. A st
Mayor-Commissioner
Approved as to form:
I/
�Zo bert J S rette
Assistant ity Attorney
COMMISSION
Sig ed by:
�
Signature
L` 1 - �
Name
CL v
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Date
CITY OF C EARWATER, FLORIDA
By: �_ �d�,,.�.-�'
William B. Horne II
City Manager
A test:
1...: -
Cyn �a �;. Uo�tdeau
City erk �'' "
ATTACHMENT I
. . . . Amendment # .
This amendment 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, Florida
on behalf of the
Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756-5400
_ . . . . . , referred to herein as the "Provider" amends.
Contract 04AC045391
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 confarm 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 cor�tract to be executed by their
undersigned officials as duly authorized. � �
PROVIDER
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Robert J. Surette� � �
Assistant City Attorney
COMMISSION
Signed by:
Signature
�C
Title
Date
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Cynthia E. Goucleau
City Clerk
Budget Narrative.for 04AC045391 .. , . .
ATTACF�IIIVT II
Budget Narrative: AmeriCorps Pinellas for Clearwater Police Department
Section I. Program Operating Costs
A. Personnel Expenses
Position/Title -Qty -Annual Salary % Time CNCS Share Grantee Share Total Amount
Program Director: - 1 person(sj at 42320 each x 100 % usage 37,500 4,820 42,320
Law Enforcement Staff time: - 14 person(s) at 45500 each x 7.79 % usage 0 49,622 49,622
CATEGORY Totals 37,500 54,442 91,942
B. Personnel Fringe Benefits
Purpose -Calculation -Total Amount CNCS Share Grantee Share Total Amount
Benefits for Program Director: 26% of salary 11,003 0 11,003
CATEGORYTotals 11,003 0 11,003
C. Travel
Staff Travel
Purpose -Calculation CNCS Share Grantee Share Total Amount
Mileage reimbursement for Program Director's out-of-district required travel to
quarterly state PD meetings in Oveido: 4 PD meetings at 270 miles roundtrip 420 0 420
@ $0.37/mile plus tolls
Local travel necessary to monitor member activities and attend community 400 0
and staff meetings: 90 miles/month for 12 months @$0.37/mile 400
Travel to Volunteer Florida for meeting or training: Airfare to Tallahassee 442 0
($200), 2 nights lodging @$100/night, 2 meals/day at $21 per day 442
CATEGORY Totals 1,262 0 1,262
Member Travel
Purpose -Calculation CNCS Share Grantee Share Total Amount
Member trave{ to assignments and service projects: 2,500 miles/month @
$0.37/mile for 12 months � 11,100 11,100
CATEGORY Totals 0 11,100 11,100
• D. Equipment
Item/Purpose -Qty -Unit Cost
CATEGORY Totals
CNCS Share Grantee Share
UI 0
Total Amount
0
Page 1 of :
Budget Narrative for 04AC045391
E. Supplies
ATTAC�]MIIVT II
Item -Calculation CNCS Share Grantee Share Total Amount
AmeriCorps Pinellas uniforms: 14 members @$35 allowance per member 490 0 490
Office supplies: $20/month for paper, pens, printer cartridges, etc. The
Clearwater Police Department (CPD) will provide $1,500 inkind for additional 240 1,500 1,740
supplies
CPD uniforms, safety vests, and helmets: CPD uniform materials
$330/member for 14 members, safety vests for special assignments $399 0 8,442 8,442
each for 8 members, helmets for trail patrol $45 each for 14 members.
CATEGORY Totats 730 9,942 10,672
F. Contractual and Consultant Services
Purpose -Calculation -Daily Rate I CNCS Share Grantee Share Total Amount
CATEGORY Totals 0�- 0�� p
G. Training
Staff Training
Purpose -Calculation -Daily Rate
Staff training (new Program Director in 2004): 1 day worth of training- Daily
Rate of 100
CATEGORY Totals
Member Training
Purpose -Calculation -Daily Rate
Food for member reflection exercises: 2-3 per year- Daily Rate of
First Aid and CPR: $60 per member for 14 members- Daily Rate of
Intro to Community Policing training - provided by RCPI: $270 per 4-hour
class- Daily Rate of
Ethics training - provided by RCPI: $260 per class (estimated 4 hours)- Daily
Rate of
Understanding Disability - 2 hours - provided by SPC: 2 hours @$50/hour-
Daily Rate of
Cultural Diversity - provided by SPC: 4 hours @$30/hour- Daily Rate of
Conflict Resolution - provided by SPC: 4 hours @$30/hour- Daily Rate of
Traffic Direction - provided by the Clearwater Police Department (CPD): $150-
Daily Rate of
CPD Rules and Regulations training: 1.5 hours @$30/hour- Daily Rate af
CNCS Share Grantee Share Total Amount
100 0 100
100 0 100
CNCS Share Grantee Share Total Amount
350 0 350
840 0 840
0 270 270
0
�
�
�
�
e
260
100
120
120
150
45
260
100
120
120
150
45
Page 2 of 5
file://C:\Documents%20and%20Settings\GERAKIK\Desktop\2005\2005%20Contract\Attachment%20II.... 11 /9/2��4 I
Budget Narrative for 04AC045391
II CPD Radio/Communications training: 2 hours @$30/hour- Daily Rate of
l
Homeland Security training: 4 hours @$301hour- Daily Rate of
Code Enforcement training - provided by the Community Response Team: 2
hours @ $25/hour- Daily Rate of
Room(s) for training: $50/day for 5 days- Daily Rate of 50
CATEGORY Totals
H. Evaluation
0
0
0
0
1,190
ATTACFII�IIIVT II
I 60 L
I 120 �
50
250 L
� 1,545 r
60
120
50
250
2, 735
Purpose -Calculation -Daily Rate I CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
I. Other Program Operating Costs
Purpose -Calculation CNCS Share Grantee Share Total Amount
Film purchase and development to document activities: $15-$20 per month for
12 months 200 0 200
Office space provided by the Clearwater Police Department: $500/month for
12 months 0 6,000 6,000
Nextel telephone for Program Director: $25/month for 12 months 0 300 300
Unanticipated costs: 100 0 100
Travel to CNCS-Sponsored Meetings: 250 0 250
CATEGORY Totals 550 6,300 6,850
SECTION Totals 52,335 83,329 135,664
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): 14 Member(s) at a rate of 10271 each
Members W/O allowance 0 102,815 40,979 143,794
Half Time (900 hrs): 0 Member(s) at a rate of 0 each
Members W/O allowance 0 � 0 p
' Reduced Half Time (675 hrs): 0 Member(s) at a rate of 0 each
Members W/O allowance 0 � � 0
Quarter Time (450 hrs): 0 Member(s) at a rate of 0 each
Members W/O allowance 0 � 0 p
, Minimum Time (300 hrs);.0 Member(s) at,a rate,of 0 each
Members W/O allowance 0 � 0 ' 0 p
2nd Year of 2-Year Half Time: 0 Member(s) at a rate of 0 each p 0
Members W/O allowance 0 p
Page 3 of 5
---�.,,�.,�-���•���a•��,�������,����,�«i11K�,�L1.�l��n��.wn�vu��vw��vv�ro�u�ontractlAttachment%inTT �1�4i�n�n
Budget Narrative for 04AC045391 ATTAC�IT II Page 4 of 5
CATEGORY Totals � 102,815 � 40,979
B. Member Support Costs
143, 794
Purpose -Calculation CNCS Share Grantee Share Total Amount
FICA for Members: 7.65% of "total yearly living allowance" for Medicare. � 92� 3,080 11,001
Please note that 13 members will get $10,200 and the team leader $11,200)
Worker's Compensation: The City of Clearwater will provide worker's 0 3,000 3,000
compensation
Health Care: Estimated $1,464 per year per member for 8 members.
Budgeted only for 8 members because our members are typically college 8,433 3,279 11,712
students who are covered under their parents' insurance and therefore decline
the one provided by the program.
CATEGORY Totals 16,354 9,359 25,713
SECTION Totals 119,169 50,338 169,507
Section III. Administrative/lndirect Costs
A. Corporation Fixed Percentage
Item -Calculation CNCS Share Grantee Share Total Amount
Corporation Fixed Amount: 0 0 0
Commission FixedAmount: 1%forAdmirS. Cosfs (NOT INLCUDED IN �,��5 0 1,715
SUBGRANTEE BUDGET)
CATEGORY Totals 1,715 0 1,715
B. Federally Approved Indirect Cost Rate
Calculation -Cost Basis -Cost Type -Rate - Rate Claimed CNCS Share Grantee Share Total Amount
CATEGORY ToWls 0 0 0
SECTION Totals 1,715 0 1,715
BUDGET Totals 173,219 133,667 306,886
Total FTEs 14.00
_ ... . . . . . CosUFTE 12.373 . .
Source of Funds
Section
Section I. Program Operating Costs
Description
The Clearwater Police Departmentwill provide $4,820.00 as cash match
and $78,509 as in-kind match. The Corporation would need to provide
$52,335.00.
The Clearwater Police Departmentwill provide $47,343.00 as cash
file://C:\Documents%20and%20Settin�s\GERAKIK\Deskton\2005\2005%20Contract\Attachment%7(1TT
1 1 /4/�(1(ld
�
Budget Narrative for 04AC045391
Section II. Member Costs
Section III. Administrative/Indirect Costs
ATTACFIl�7IIVT II
match (which translates to almost 28% of the member costs) and
$3,000.00 as in-kind match. The Corporation would need to provide
$119,170.00.
file://C:\Documents%20and%20 Settings\GERAKIK\Desktop\2005\2005%20Contract\Attachment%�.�TT
Page 5 of 5
i � iqi�nna
ATTACHMENT III
Key Changes to 2004 AmeriCorps Provisions
Section A — Definitions
This section was revised to update the following definitions:
(16) OMB
Section B— AmeriCorps Special Provisions
Section 16 — Reportin� Requirements
(a) Financial Status and Progress Reports
i. Changed to reflect the use of eGrants for submitting FSRs to the Corporation
Section 22 — Financial Management Provisions
(d) Audits — T�his section has been revised to conform to the new $500,000 audit threshold
effective December 31, 2003.
ATTACHMENT III
AmeriCorps Provisions
The AmeriCorps Provisions are binding on the Grantee. By accepting funds under this Grant,
the Grantee agrees to comply with the AmeriCorps Provisions, all applicable federal statutes,
rebulations and euidelines, 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. The
Grantee agrees to include in all subgrants the applicable terms and conditions contained in this
award.
For the purposes of these Provisions, AmeriCorps refers to AmeriCorps*State,
AmeriCorps*Nationa] and AmeriCorps*Tribes and Territories Programs only. All applicable
Provisions of the Grant including regulations and OMB circulars that are incorporated by
reference shall apply to any Grantee, sub-Grantee, or other organization carrying out activities
under this award.
A. DEFINITIONS
B. AMERICORPS SPECIAL PROVISIONS
1. Purpose of Award
2. Affiliation with the AmeriCorps National Service Networl<
3. Local and State Consultation
4. Prohibited Program Activities
5. Fund Raising
6. Eligibility, Recruitment, and Selection
7. Training, Supervision, and Support
8. Terms of Service
9. Release from Participation
10. Minor Disciplinary Actions
11. Living Allowances, In-Service Benefits, and Taxes
12. Post-Service Education Awards
13. Matching Requirements
14. Member Records and Confidentiality
15. Budget and Programmatic Changes
16. Reporting Requirements
l7. Grant Period and Incremental Funding
18. Performance Measurement and Evaluation
C. GENERAL PROVISIONS
l9. Legislative and Regulatory Authority
20. Other Applicable Statutory and Administrative Provisions
21. Responsibilities under Grant Administration
22. Financial Management Provisions
23. Administrative Costs
24. EGuipment and Supply Costs
25. Project Income
Final — February 2004
ATTACHMENT III
26. Payments under the Grant
27. Retention of Records
28. Site Visits
29. Liability and Safety Issues
30. Drug-Free Workplace
31. Non-Discrimination
32. The Office of the Inspector General
33. Supplementation, Non-Duplication, and Non-Displacement
34. Grievance Procedures
35. Ownership and Sharing of the Award Products
36. Publications
37. Suspension and Termination ofthe Award
38. Order of Precedence
Final — February 2004
ATTACHIV�ENT III
A. DEFINITIONS
For purposes of this Grant the following definitions apply:
1. Act means the National and Community Service Act of 1990, as amended (42 U.S.C. �2501 et
seq.)
2. Administrative Costs are expenses associated with the overall administration of a Program,
and are defined in the General Provisions, in the Administrative Costs section.
3. AmeriCorps National Service Network means AmeriCorps*State, AmeriCorps*National,
AmeriCorps*Tribes and Territories, Volunteers in Service to America (VISTA), and National
Civilian Community Corps (NCCC) Programs taken together as programs dedicated to national
service. V1STA is authorized under the Domestic Volunteer Service Act (42U.S.C. 4950 et seq.).
NCCC is authorized under the National and Community Service Act (42 U.S.C. 12611 et seq.).
4. Approved National Service Position means a national service position for which the
Corporation has approved the provision of a national service education award as one of the
benefits to be provided for successful service in the position.
5. Corporation means the Corporation for National and Community Service established under
section 191 of the Act (42 U.S.C. 12651).
6. Community beneficiaries refer to those persons who receive services or benefits from a
program, but are not AmeriCorps members or staff.
7. Education Award means an award provided to a member who has successfully completed a
required term of service in an approved national service position and who otherwise meets the
eligibility criteria in the Act. An education award may be used: (1) to repay yualified student
loans, as defined in the Act; (2) toward educational expenses at a Title IV Institution of I�igher
Education; and (3) toward expenses incurred in participating in school-to-work programs
approved by the Secretaries of Labor and Education.
8. End-outcome indicators specify changes that have occurred in the lives ofthe community
beneticiaries and/or members that are signiticant and lasting. These are actual impacts, benefits
or changes for participants during or after a program.
9. Evaluation uses scientifically-based research methods to systematically investigate, on a
periodic basis, the effectiveness of AmeriCorps Programs by comparing the observed program
outcomes with what would have happened in the absence of the program.
10. Faith-based organizations include:
• Religious congregations (church, mosque, synagogue, temple, etc.);
• Organizations, programs, or projects operated or sponsored by a religious congregation;
• Nonprofit organizations that clearly show by their mission statements, policies, and/or
practices that they are religiously motivated or religiously guided institutions;
Final — February 2004
ATTACHMENT III
• Organizations that, when asked, designate themselves as a faith-based or religious
organization; or
• Collaborations of organizations lead by an organization from the previously described
categories, or of which half or more of the members are from the previously described
categories.
11. Grantee, for the purposes of this agreement, means the direct recipient of this Grant. The
term sub-Grantee shall be substituted for the term Grantee where appropriate. The Grantee is
also responsible for ensuring that Sub-Grantees or other organizations carrying out activities
under this award comply with these provisions, including regulations and OMB circulars
incorporated by reference. The Grantee is legally accountable to the Corporation for the use of
Grant funds and is bound by the provisions ofthe Grant.
12. Indian Tribe means a federally-recognized Indian tribe, band, nation, or other recognized
group or community, including any Nativ.e village, Regional Corporation, or Village
Corporation, as defined under the Alaska Native Claims Settlement Act (43 U.S.C. 1602), that
the United States Government determines is eligible for special programs and services provided
under federal law to Indians because of their status as Indians. An Indian tribe also includes any
tribal organization controlled, sanctioned, or chartered by one of the entities described above.
13. Intermediate-outcome indicators specify changes that have occurred in the lives of
community beneficiaries and/or members, but are not necessarily a lasting benefit for them.
They are observable and measurable indications of whether or not a program is making progress.
14. Member means an individual:
a. Who is enrolled in an approved national service position;
b. �%'hu 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 Program or full-time summer
Program as defined in the Act (42 U.S.C. 12572 (a) (2)), in which case he
or she must be between the ages of 16 and 25, inclusive, or
ii. in a Program for economically disadvantaged youth as defined in the Act
(42 U.S.C. 12572 (a)(9)), in which case he or she must be between the
ages of l6 and 24, inclusive; and
d. Has a high school diploma or an equivalency certificate (or agrees to obtain a high
school diploma or its equivalent before usinb an education award) and who has not
dropped out of elementary or secondary school in order to enroll as an AmeriCorps
member (unless enrolled in an institution of higher education on an ability to benefit basis
and is considered eligible for funds under section 484 of the Higher Education Act of
1965, 20 U.S.C. 1091), or who has been determined through an independent assessment
Final — February 2004 5
ATTACHMENT III
c��nducted h� the Pro��ram t� be incapable of obtaining a high school diploma or its
equivalent.
15. National Service Trust is the account established in the U.S. Department of the Treasury
under the Act (42 U.S.C. 12601) for the purpose of holding and making payments of education
awards and other education benefits to AmeriCorps members.
16. OMB refers to the Executive Office of the President Office of Management and Budget.
17. Out-Of-School Youth means youth age 16 and older who have either dropped out or
otherwise have no permanent affiliation with a secondary school. This definition does not
include individuals who are in between school years and fully intend to return to school in the
fall.
18. nutput indicators are the amounts or units of service that members or volunteers have
completed, or the number of community beneficiaries the program has served. Output indicators
do not provide information on benefits or other changes in the lives of inembers and/or
community beneficiaries.
19. Parent Organization means a grantee that is responsible for implementing and managing a
National Direct AmeriCorps Program.
20. Performance Measures are indicators intended to help a grantee measure the results of an
AmeriCorps program's activities on community beneficiaries and participants. Performance
measures are based on outputs, intermediate outcomes, and end outcomes.
21. Program means a national service Program, described in the Act (42 U.S.C. 12572(a)),
22. Project means an activity or set of activities carried out under a Program that results in a
specific, identifiable community service or improvement:
a. That otherwise would not have been made with existing funds; and
b. That does not duplicate the routine services or functions of the organization to which
the members are assigned.
23. Project Sponsor means an organization or other entity that has been selected to provide a
national service position for a member.
24. Service Recipient means a community beneficiary who receives a service or benefit from
the service of AmeriCorps members.
25. State Commission means the Commission on National and Community Service established
by a state pursuant to the Act (42 U.S.C. 12638), including an authorized alternative
administrative entity to administer the state's national service plan and national service programs
and to perform such other duties prescribed by 45 C.F.R. 2550.80.
Final — February 2004
ATTACHMENT III
26. Sub-Grantee refers to an organization receiving AmeriCorps Grant funds from a Grantee of
the Corporation.
Final — February 2004
ATTACHMENT III
B. AMERICORPS SPECIAL PROVISIONS
1. PURPOSES OF THE GRANT.
The general purposes of this Grant are "Getting Things Done" in communities, strengthening the
ties that bind communities together, and developing the citizenship and skills of AmeriCorps
members. Activities funded through this Grant must help engage Americans of all backgroumds
as members in community-based service that provide a direct and demonstrable benefit that is
valued by the community. Service activities must result in a specific documented service or
improvement that otherwise would not be provided with existing funds or volunteers and that
does not duplicate the routine functions of workers or displaced paid employees.
2. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK.
a. identification as an AmeriCorps Program or Member. The Grantee must identify
the Program as an AmeriCorps Program and members eligible for a Corporation-
approved post-service education award as AmeriCorps members.
b. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of the
Corporation for National and Community Service. The Grantee must use the AmeriCorps
name and logo on service gear and public materials such as stationery, application forms,
recruitment brochures, orientation materials, member curriculum, signs, banners, press
releases and publications created by AmeriCorps members in accordance with
Corporation requirements. The Corporation provides a camera-ready logo.
To establish the relationship between the Program and AmeriCorps, the Grantee must use
the phrase "The AmeriCorps National Service Network" or "an AmeriCorps Program"
and may use the slogan "Getting Things Done"TM on such materials in accordance w�th
Corporation guidelines and requirements. The Grantee may not alter the AmeriCorps
logo, and must obtain the written permission of the Corporation before:
i. Using the AmeriCorps name or logo on materials that will be sold, or
ii. 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.
c. AmeriCorps Service Gear. The Grantee is encouraged to provide the Core
AmeriCorps Service Gear Package for each member. The core package includes the
standard items made available by the Corporation. The Grantee should direct members to
wear their service gear at officially designated AmeriCorps events and may allow
members to wear their service gear at other times consistent with Corporation guidelines.
The Grantee may not use Corporation funds to purchase local Program service gear.
d. Participation in AmeriCorps Events. The Grantee agrees, within reasonable limits,
to arrange for members to participate in AmeriCorps events and activities sponsored by
Final February 3004
ATTACHMENT III
the Corporation, such as the National Opening Ceremonies, conferences and national
service days.
3. LOCAL AND STATE CONSULTATION.
a. Community Consultation. The Grantee must design, implement and evaluate the
funded project with extensive and broad-based community involvement, including
consultation with representatives from the community served, members and potential
members, community-based organizations (faith-based and secular) with a demonstrated
rec�rd in pr�viding services, foundations and businesses.
b. Labor Union Concurrence. Prior to the placement of inembers, the Grantee must
consult with local labor organizations representing employees of project sponsors or
representing employees in the area to be served by the Program. This includes people
engaged in the same or similar work as that proposed to be carried out by the Program,
and is required to ensure compliance with the non-displacement requirements contained
in these Grant Provisions.
c. State Commission Consultation. In coordination with the Corporation,
AmeriCorps*National and AmeriCorps*Tribes and Territories Grantees are strongly
encouraged to consult on a regular basis with the State Commission in each state that a
Program operates. Such communications build upon existing programs throughout the
state while avoiding the duplication of efforts in other AmeriCorps Programs.
4. PROHIBITED PROGRAM ACTIVITIES.
The Corporation acknowledges that religious and political activities play a positive role in
healthy communities, that religion and politics are defining characteristics of many community
organizations (faith-based and secular), and that religious and political belief and action are
central to many AmeriCorps members lives.
However, it is important that AmeriCorps programs and their members do not appear to be
taking sides religiously or politically. Consequently, we must impose a number of limitations on
activities that AmeriCorps programs can support in which members can engage while earning
service hours, or when otherwise, representing AmeriCorps. AmeriCorps members are free to
pursue these activities on their own initiative, on non-AmeriCorps time, and using non-
AmeriCorps funds. The AmeriCorps logo should not be worn while doing so.
While charginb time to the AmeriCorps Program, accumulating service or training hours, or
otherwise performing activities supported by the AmeriCorps program or the Corporation, staff
and members may not engage in the following activities, and the grantee may not use grant funds
to support the following activities:
a. Attempting to influence legislation.
b. Organizing or engaging in protests, petitions, boycotts, or strikes.
Final — February 2004
ATTACHMENT III
c. Assisting, promoting or deterring union organizing.
d. Impairing existing contracts for services or collective bargaining agreements.
e. Engaging in partisan political activities or other activities designed to influence the
outcome of an election to any public office.
f. Participating in, or endorsing, events or activities that are likely to include advocacy for
or against political parties, political platforms, political candidates, proposed legislation,
or elected officials.
g. Engaging in religious instruction; conducting worship services; providing instruction
as part of a Program that includes mandatory religious instruction or worship;
constructing or operating facilities devoted to religious instruction or worship;
maintaining facilities primarily or inherently devoted to religious instruction or worship;
or engaging in any form of religious proselytization.
h. Providing a direct benefit to:
i. A for-profit entity;
ii. A labor union;
iii. A partisan political organization;
iv. An organization engaged in the religious activities described in the
preceding subclause, unless Grant funds are not used to support the
religious activities; or
v. A nonprofit entity that fails to comply with the restrictions contained in
section 501(c) (3) of U.S. Code Title 26.
i. Voter registration drives by AmeriCorps members is an unacceptable service activity.
In addition, Corporation funds may not be used to conduct a voter registration drive.
j. Other activities as the Corporation determines will be prohibited, upon notice to the
Crantee.
lndividuals may exercise their rights as private citizens and may participate in the above
activities on their initiative, on non-AmeriCorps time, and using non-Corporation funds. The
AmeriCorps logo should not be worn while doing so.
5. FUND RAISING.
a. Approved Member Activities. Members may raise funds directly in support of
service activities that meet local, environmental, educational, public safety, homeland
security or other human needs. Examples of fundraising activities members may perform
include, but are not limited to the following:
i. Seeking donations of books from companies and individuals for a program
in which volunteers tutor children to read.
Final — February 2004 10
ATTACHMENT III
ii. Writing a grant proposal to a foundation to secure resources to support the
training of volunteers.
iii. Securing supplies and equipment from the community to enable
volunteers to help build houses for low-income individuals.
iv. Securing financial resources from the community to assist a faith-based or
community-based organization in launching or expanding a program that
provides social services to the members of the community and is
delivered, in whole or in part, through the members of the faith-based
organization.
v. Seeking a donation from alumni of the program for specific service
projects being performed by current members.
b. Prohibited Member Activities. A member's service activities may not include the
following:
i. Raising funds for his or her living allowance.
ii. Raising funds for an organization's operating expenses or endowment.
iii. Writing grant applications for AmeriCorps funding or for any other
funding provided by the Corporation for National and Community
Service.
iv. Writing grant applications for funding provided by any other federal
agencies.
c. Staff. An AmeriCorps staff inember's time and related expenses may not be charged to
the Corporation or Grantee share of the Grant while engaged in organized fund raising,
including financial campaigns, endowment drives, the general solicitation of gifts and
bequests, door-to-door solicitations, direct mail, or similar activities for which the sole
purpose is raising capital or obtaining contributions for the organization. Expenses
incurred to raise funds may be paid out of the funds raised. Development officers and
fund-raising staff are not allowable expenses.
Staff time and effort spent on raising the match requirements should be incidental to the
overall management of the Program, and should be focused primarily on developing and
disseminating information to potential funders on the AmeriCorps Program and its
achievements. Staff can make presentations and educate funders on objectives, goals and
accomplishments. Efforts to involve the community in support of the AmeriCorps
program, such as obtaining medical contributions or assistance at a health fair; donations
of building supplies for an AmeriCorps construction project; and coordinating
community participation in and support of a serve-a-thon and service activities are also
allowable.
6. ELIGIBILITY, RECRUITMENT, AND SELECTION.
a. Eligibilit�� to Enroll. The Grantee may select as AmeriCorps members only those
individuals who are eligible to enroll in AmeriCorps. ln order to be eligible, an individual
must meet the statutory requirements of the definition of a member (see Definitions). The
Final — February 2004 I 1
ATTACHMENT III
Grantee is responsible for obtaining and maintaining adequate documentation to
demonstrate the eligibility of inembers.
b. Recruitment:
i. Community Recruitment. The Grantee must seek to recruit Program
members from the community in which the project is conducted, as well
as members of diverse races, ethnicities, genders, ages, socioeconomic
backgrounds, education levels, and mental and physical capabilities,
unless and to the extent that the approved Program design requires
emphasizing the recruitment of staff and members who share a specific
characteristic or background. In no case may a Grantee violate the non-
discrimination and non-displacement rules governing member selection.
ii. National Recruitment. To supplement local recruitment efforts, the
Grantee is encouraged to request referrals of eligible individuals through
the Corporation's national recruitment database and the various State
Commissions' recruitment systems. Grantees may be asked to consider
qualified individuals on the database, but will not be required to select
anyone. Prospective AmeriCorps members may access the national
recruitment database thYough the Corporation's toll-free number, 1-800-
94-ACORP/1-800-942-2677 (voice), or 1-800-833-3722 (TDD), or
through the Corporation's website at w�vw.nationalservice.ora.
c. Selection. The Grantee is responsible for establishing the minimum qualifications for
membership in the Program, selecting members who meet those qualifications, and
assigning members to projects that are appropriate to their skill levels. The Grantee must
select members in a fair, non-partisan, non-political and non-discriminatory manner,
without regard to the member's need for reasonable accommodation of a disability or
childcare, without displacing paid employees, and in accordance with its approved
application.
d. Reasonable Accommodation. Programs and activities must be accessible to persons
with disabilities, and the Grantee must provide reasonable accommodation to the known
mental or physical disabilities of otherwise qualified members, service recipients,
applicants, and program staff. All selections and project assignments must be made
without regard to the need to provide reasonable accommodation.
The vast majority of accommodations are inexpensive. For those cases where reasonabie
accommodations are more costly, there is a limited amount of money available through
State Commissions to provide accommodations for service members. The Office of
Disability Employment Policy operates a toll-free, confidential, free resource for
employers on reasonable accommodation requirements and options for accommodating
employees at (800) 526-7234 (voice/TDD), e-mail at JAN@jan.icdi.wvu.edu, or website
at w�vw.jan.wvu.edu.
Accommodations that impose an undue financial or administrative burden on the
operation of the program or fundamentally alter its nature are not reasonabi'e
Final — February 2004 12
ATTACHMENT III
accommodations. However, the Grantee must document and prove any undue burden.
Similarly, a person who poses a direct threat to the health or safety to himself or herself
or to others, where the threat cannot be eliminated by reasonable accommodation, is not a
qualified individual with a disability. In such instances the Grantee must document and
prove the direct threat.
e. Level of Participation. The Grantee must seek to enroll the number of full-time and
less than full-time members agreed upon in its approved application. A Program should
make every effort to enroll members so that each member has a reasonable expectation of
completing his/her term of service by the end of the Program's project period. Should a
Program not be renewed, a member who was scheduled to continue in a term of service
either may be placed in another Program where feasible, or a member can receive a
prorated education award if the member has completed at least 15% of the service hour
requirement.
f. Member Classification. AmeriCorps members are not employees of the Program or of
the federal government. The definition of "participant" in the National and Community
Service Act of 1990 as amended applies to AmeriCorps members. As such, "a participant
(member) shall not be considered to be an employee of the Program in which the
participant (member) is enrolled" (42 U.S.C. 1251 1(17) (B)). Moreover, members are not
allowed to perform an employee's duties or otherwise displace employees.
For the limited purposes of the Family and Medical Leave Act of 1993, the member may
be considered an eligible employee of the project sponsor. The Family and Medical
Leave Act's requirements as they apply to AmeriCorps Programs are contained in 45
C.F.R. 2540.220(b). Generally, this Act will apply only to second term members.
g. Parental Consent. Before enrolling in a Program, individuals under eighteen years of
age must provide written consent from a parent or legal guardian.
h. Criminal Record Checks. Programs with members or employees who have
substantial direct contact with children (as defined by state law) or who perform service
in the homes of children or individuals considered vulnerable by the program, shall, to
the extent permitted by state and local law, conduct criminal record checks on these
members or employees as part of the screening process. This documentation must be
maintained consistent with state law.
i. Criminal Charges. An AmeriCorps member who is officially charged with a violent
felony, or with the sale or distribution of a controlled substance during a term of service
will have his/her service suspended without a living allowance and without receiving
credit for hours missed. The member may be reinstated into AmeriCorps service if he/she
is found not guilty or if the charge is dismissed. If an AmeriCorps member who has been
cleared of such charges is unable to complete his/her term of service within one year,
he/she may accept a pro-rated education award as long as he/she has completed at least
15% (255 hours full-time/135 hours less than full-time) of his/her service.
Final — February 2004 13
ATTACHMENT III
An AmeriCorps member who is convicted of a criminal charge as described above must
be terminated for cause from the program, and he/she is not eligible for any portion of an
education award.
7. TRAINING, SUPERVISION AND SUPPORT.
a. 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 inembers. The Grantee must ensure that each member
has sufficient opportunity to complete the required number of hours to qualify for a post-
servicc educati�n a��ard. In plannin�� for the member's ten� of service, the Grantee must
account for holidays and other time off, and must provide each member with sufficient
opportunity to make up missed hours.
b. Member Contracts. The Grantee must require that members sign contracts that, at a
minimum, stipulate the following:
i. The minimum number of service hours and other requirements (as
developed by the Program) necessary to successfully complete the term of
service and to be eligible for the education award;
ii. Acceptable conduct;
iii. Prohibited activities, including those specified in these grant provisions;
iv. Requirements under the Drug-Free Workplace Act (41 U.S.C. 701 et seq.);
v. Suspension and termination rules;
vi. The specific circumstances under which a member may be released for
cause;
vii. The position description;
viii. Grievance procedures; and
ix. Other requirements as established by the Program.
c. Training. Consistent with the approved budget, the Grantee must provide members
with the training, skills, knowledge and supervision necessary to perform the tasks
required in their assigned project positions, including specific training in a particular field
and background information on the community served.
The Grantee must conduct an orientation for members and comply with any pre-service
orientation or training required by the Corporation. This orientation should be designed to
enhance member security and sensitivity to the community. Orientation should cover
member rights and responsibilities, including the Program's code of conduct, prohibited
activities (including those specified in these grant provisions), requirements under the
Drug-Free Workplace Act (41 U.S.C. 701 et seq.), suspension and termination from
service, grievance procedures, sexual harassment, other non-discrimination issues, and
other topics as necessary.
Final — February 2004 14
ATTACHMENT III
d. Service-Learning. The Grantee agrees to use service experiences to help members
achieve the skills and education needed for productive, active citizenship, including the
provision, if appropriate, of structured opportunities for members to reflect on their
service experiences.
e. Limit on Education and Training Activities. No more than 20% of the aggregate of
all AmeriCorps member service hours in a Program may be spent in education and
training activities.
f. Supervision. The Grantee must provide members with adequate supervision by
qualified supervisors in accordance with the approved application. The Grantee must
establish and enforce a code of conduct for members.
g. Performance Reviews. The Grantee must conduct and keep a record of at least a
midterm and end-of-term written evaluation of each member's performance, focusing on
such factors as:
i. Whether the member has completed the required number of hours;
ii. Whether the member has satisfactorily completed assignments; and
iii. Whether the member has met other performance criteria that were clearly
communicated at the beginning of the term of service.
h. Support Services. The Grantee must provide specific support services to members
who are school dropouts by assisting them in earning the equivalent of a high school
diploma; and to members who are completing a term of service and are making the
transition to other education and career opportunities.
i. Registration to Vote. The Grantee should encourage all eligible members to register
and vote. However, the Grantee is prohibited from requiring members to register or to
vote, and from attempting to influence how members vote. Members who are unable to
vote before or after service hours should be allowed to do so during their service time
without incurring any penalties. The site director should determine the length of absence.
j. Jury Duty. The Grantee must allow AmeriCorps members to serve on a jury without
being penalized for doing so. During the time AmeriCorps members serve as jurors, they
should continue to receive credit for their normal service hours, a living allowance, health
cai�e coverage and, if applicable, child care coverage regardless of any reimbursements
for incidental expenses received from the court.
k. Member Injury. The Grantee must report any serious injuries to the appropriate
Corporation Program Officer immediately.
I. Armed Forces Reserves. Generally, the Reserves of the U.S. Army, U.S. Navy, U.S.
Air Force, U.S. Marine Corps, U.S. Coast Guard, the Army National Guard and the Air
National Guard require reservists to serve one weekend a month plus 12 to 15 days a year
(hereafter referred to as the two-week active duty service). To the extent possible,
grantees should seek to minimize the disruption in members' AmeriCorps service as a
Final — February 2004 � 5
ATTACHMENT III
result of discharging responsibilities related to their reservist duties. If inembers have a
choice of when to fulfill their annual two-week active duty requirement, they should do
so when it will not disrupt their AmeriCorps service. In instances where the dates of
active duty are inflexible and conflict with AmeriCorps service, members should be
granted a leave of absence for the two-week period of active duty service in the Reserves.
Members may not receive time-off for additional Reserves-related service beyond the
two-week active duty service. No AmeriCorps service credit is earned for the once-a-
month weekend service in the Reserves. Grantees should credit members for AmeriCorps
service hours during their two weeks of active duty service in the Reserves if it occurs
during their AmeriCorps service. The member would receive credit for the number of
hours he or she would have served during that period had there been no interruption. For
example, if a full-time member is signed up to serve 30 hours of AmeriCorps service one
week and 40 hours of AmeriCorps service on the following week, she or he would
receive 70 hours of AmeriCorps service credit for the two weeks of active duty service
regardless of the actual number of hours served in the Reserves.
Reservists in the U.S. Armed Forces receive compensation for their mandatory two
weeks of active duty service. The compensation regulations governing the Army and Air
National Guard may vary by state.
Grantees should continue to pay the living allowance and provide health care and
childcare coverage for the two-week period of active duty.
8. TERMS OF SERVICE.
a. Program Requirements. Each Program must, at the start of the term of service,
establish the buidelines and definitions for the successful completion of the Program
year, ensuring that these Program requirements meet the Corporation's service hour
requirements as detined below:
i. Full-Time Members. Members must serve at least 1700 hours during a
period of not less than nine months and not more than one year.
ii. Half-Time Members. Half-time members must serve at least 900 hours
during a period of one or two years as indicated in the approved budget.
iii. Reduced Half-Time Members. Reduced half-time members must serve
at least 675 hours over a time not to exceed one year.
iv. Quarter-Time Members. Quarter-time members must serve at least 450
hours over a time not to exceed one year.
v. Minimum Time Members. Minimum time members must serve at least
300 hours over a time not to exceed one year.
b. Service in a Second or Subsequent Term.
i. General. A grantee is under no obligation to enroll a member for a second
or subsequent term of service. In addition, there may be limitations on an
individual's eligibility for federally-funded member benefits for any term
beyond a second term.
Final — Februaiy 2004 �(
ATTACHMENT III
ii. Satisfactory Performance Review. To be eligible to serve a second or
subsequent term of service, a member must receive a satisfactory
performance review for any prior term of service.
iii. No Automatic Disqualification if Released for Cause. A re(ease for
cause covers all circumstances in which a member does not successfully
complete 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 has decided to take a job offer— but who, otherwise, was
performing well up until the time he decided to leave would not be
disqualified for a second term as long as he received a satisfactory
performance evaluation for the period he served.
iv. Required Disclosure by Member of Prior Release for Cause. Any
individual released for cause who thereafter applies to serve in any
AmeriCorps program must disclose the fact that he or she was released for
cause to the Program to which the individual is applying. Fai(ure to
disclose that the individual was released for cause from another
AmeriCorps Program will make the individual ineligible to receive the
AmeriCorps education award.
c. Notice to the Corporation's National Service Trust. The Grantee must notify the
Corporation's National Service Trust within 30 days upon entering into a commitment
with an individual to serve, a member's enrollment in, completion of, lengthy or
indefinite suspension from, or release from, a term of service. Lengthy or indefinite
suspension of service is defined as any extended period during which the member is not
serving service hours or receiving AmeriCorps benefits because it is unclear when the
member might return to the Program. The Grantee also must notify the Trust when a
change in a member's status is approved and changed (i.e. from full-time to 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 sub-Grantees
properly utilizing WBRS meet notification requirements when they use that system to
inform the Corporation within the approved time frames. Any questions regarding the
Trust may be directed to (202) 606-5000 ext. 347.
d. Member Enrollment Procedures.
i. An individual is enrolled as an AmeriCorps member when all of the
following have occurred:
1. He or she has signed a member contract;
2 The program has verified the individual's eligibility to serve;
3. The individual has begun a term of service; and
4. The program has approved the member enrollment form in WBRS.
ii. Prior to enrolling a member in AmeriCorps, programs make commitments
to individuals to serve. A commitment is defined as signing a member
Final — February 2004 � �
ATTACHMENT III
contract with an individual or otherwise entering into a legally enforceable
commitment as determined by state law.
iii. Member Commitment: Within 30 calendar days of entering into a
commitment with an individual, the grantee or sub-Grantee will notify the
Corporation of the commitment via WBRS.
iv. Member Enrollment: Within 30 calendar days of the member's starting
service, the program must complete and approve the enrollment form in
WBRS.
v. [f a commitment does not result in a member actually being enrolled, the
pro�ram must cancel the commitment in WBRS within 30 calendar days
of the member's expected start date. lf a grantee or sub-Grantee does not
complete an enrollment within 30 days of the member's expected start
date, the grantee and sub-Grantee will receive notification that the
timeframe has expired. The program will then have 15 calendar days to
complete the enrollment before the commitment is removed from WBRS.
vi. Failure to notify the Corporation of inember commitments or enrollments
within these timeframes may result in sanctions to the grantee or sub-
Grantee, up to and including reducing the number of inember positions or
suspending or terminating the grant.
e. Notice to Childcare and Health Care Providers. The Grantee must notify the
Corporation's designated agents immediate(y in writing when a member's status changes
such that it would affect eligibility for childcare or health care. Examples of changes in
status are converting a full-time member to less than full-time member, terminating or
releasing members from service, and suspending members for cause for lengthy or
indefinite time periods. Program directors should contact AmeriCorps�Care at 1-800-
570-4543 on childcare related changes, and their health insurance provider about health
insurance related changes.
f. Changing Member Status. Circumstances may arise within a program that necessitate
changing the type of unfilled AmeriCorps member positions awarded to a grantee or sub-
grantees, or changing the term of service of a currently enrolled member. Note that once
a member is exited with a partial education award, the remaining portion of that
education award is not available for use.
Any change of inember status that:
i. Necessitates a change in the number of full-time equivalent positions in
the grant,
ii. An increase in the number of slots in the grant, or
iii. A change in the funding amount of the Grant
requires prior written approval from the Corporation's Office of Grants Management.
g. Changing Slot Types (unfilled positions). Grantees or sub-grantees may change the
type of slots awarded to their program with prior approval from the Office of Grants
Management if:
Final — February 2004 18
ATTACHMENT III
i. the change does not increase the total number of slots authorized in the
Notice of Grant Award (e.g., one full-time position may be changed to one
half-time or one quarter-time position) and
ii. the change does not increase the total FTEs authorized in th�e Notice of
Grant Award (e.g. one half-time position cannot be changed to one full-
time).
To request a change in slot type, the grantee must make a slot correction in WBRS and
forward it to the Corporation for approval.
h. Changing a Term of Service (filled positions). Changes in terms of service may not
resuit in an increased number of slots or FTEs for the program.
i. Full-time. State Commissions and Parent Organizations may authorize or
approve occasional changes of currently enrolled full-time members to
less than full-time members within the first 90 days of the member's
service. Impact on program quality should be factored into approval of
requests. The Corporation will not cover health care or childcare costs for
less than full-time members. It is not allowable to transfer currently
enrolled full-time members to a less than full-time status simply to provide
a less than full-time education award. A Change of Status form must be
completed and forwarded to the Corporation within 30 days. This can be
accomplished by completing and approving a Change of Status form in
WBRS.
ii. Less than Full-time. Changing less than full-time members to full-time is
discouraged because it is very difficult to facilitate, unless done very early
in the member's term of service. State Commissions and Parent
Organizations may authorize or approve such changes so long as they are
within the first 90 days of the member's service, and the current budget
can accommodate such changes. Programs must keep in mind that a
member's minimum 1700 hours must be completed within 12 months of
the member's original start date. A Change of Status form must be
completed and forwarded to the Corporation within 30 days. This can be
accomplished by completing and approving a Change of Status form in
WBRS.
State Commissions and Parent Organizations must forward all changes and '
appropriate forms to the Corporation after approval. Any requests for changes that
fall outside of the parameters set forth above must come to the Corporation for
written approval with concurrence from the State Commission or Parent
Organization.
9. RELEASE FROM PARTICIPATION.
Grantees may release members from participation for two reasons: (a) for compelling personal
circumstances; and (b) for cause in accordance with 45 C.F.R. 2522.230.
Final — February 2004 � 9
ATTACHMENT III
a. Compelling Circumstances. The Grantee is responsible for determining whether a
member's personal circumstances are sufficiently compelling to justify release on this
basis. If a Grantee releases a rnember for compelling personal circumstances, the Grantee
may elect either to authorize a pro-rated education award or temporarily to suspend
service for up to two years. If a term of service is temporarily suspended, the member
will not accrue service hours or receive benefits during this time period. In order to be
eligible for a pro-rated education award, a member must have served a minimum of 15%
of his or her term of service. If a Grantee releases a member on the grounds that an
accommodation of a disability would impose an undue burden, the Grantee must
document its determination and notify the Corporation. Such circumstances are to be
considered "compelling" for purposes of this sub-clause. The Corporation for National
and Community Service allows each program to decide on a case-by-case basis whether
the situation warrants a member receiving a partial award. However, the Corporation's
policy is that generally the compelling circumstance must be beyond the member's
control.
Compelling personal circumstances include those that are beyond the member's control,
such as, but not limited to:
i. A member's disability or serious illness;
ii. Disability, serious illness or death of a member's family member if this makes
completing a term unreasonably difficult or impossible; or
iii. Conditions attributable to the program or otherwise unforeseeable and beyond
the member's control, such as a natural disaster, a strike, relocation of a
spouse, or the nonrenewal or premature closing of a project or program, that
make completing a term unreasonably difficult or impossible.
Compelling personal circumstances also include those that the Corporation has, for public
policy reasons, determined as such, including:
i. Military service obligations;
ii. Acceptance by a member of an opportunity to make the transition from
welfare to work; or
iii. Acceptance of an employment opportunity by a member serving in a program
that includes in its approved objectives the promotion of employment among
its members.
If a member leaves AmeriCorps service for any of the reasons noted above and the
Grantee or sub-Grantee determines that the member has served at least 15% of his or her
service (or 255 hours for full-time service), the member is eligible for a portion of the
education award corresponding to the period served.
Compelling personal circumstances do not include leaving a program:
i. To enroll in school;
ii. To obtain employment, other than in moving from a welfare to work or in
leavinb a program that includes in its approved objectives the promotion of
employment among its members; or
iii. Because of dissatisfaction with the program.
Final — February 2004 20
ATTACHMENT III
If the member resigns for any of these reasons or other reasons that are within his or her
control, the individual should receive no portion of the AmeriCorps education award. The
member has the primary responsibility for demonstrating that compelling personal
circumstances prevent the member from completing the term of service. Grantees must
make these determinations based on these criteria and indicate the reasons for early
termination on the End of Term of Service forms.
b. For Cause. A release for cause encompasses any circumstances other than compelling
personal circumstances that warrant a member's release from completing a term of
service. The Grantee may release a member for cause according to the conditions of the
Corporation and the member's contract. A Grantee must release a member for cause if the
member is convicted of a violent felony or the sale or distribution of a controlled
substance during a term of service. If the member is charged with a violent felony or the
sale or distribution of a controlled substance, or convicted of the possession of a
controlled substance, the Grantee must suspend the member without any AmeriCorps
benefits, including living allowance, and without receiving credit for hours missed.
Any member who drops out of a Program without obtaining a release for compelling
personal circumstances is considered to have been released for cause. A member released
for cause may not receive any portion of an education award. A member wrongly
released or suspended for cause will receive credit for any service missed and
reimbursement for missed living allowances as specified in 45 C.F.R. 2522.230.
Members are not eligible to receive any benefits or service hour credit upon release from
service for cause.
c. Resumption of Service. Any member whose service was suspended because of being
charged with a violent felony or sale or distribution of a controlled substance may be
reinstated to service if the member is found not guilty or if the charge is dismissed. Any
member whose service was suspended because of being convicted of a first offense of
possession of a controlled substance may resume service by demonstrating that the
member has enrolled in an approved drug rehabilitation Program. A member convicted of
a second or third offense of possession of a controlled substance may resume service by
demonstratinQ successful completion of a rehabilitation program.
10. MINOR DISCIPLINARY ACTIONS.
The Grantee may temporarily suspend or impose a fine on a member for minor disciplinary
reasons, such as chronic tardiness, as outlined in the conditions of the member contract.
a. Temporary Suspension of Service. The period of suspension does not count toward a
member's required service hours. Further, members who are suspended for minor
disciplinary reasons may not receive a living allowance for the suspension period.
b. Fines. If determined to be necessary for improvements in member performance or
attendance, the Grantee may impose a reasonable fine on members for minor disciplinary
Final — February 2004 2 �
ATTACHMENT III
problems consistent with the member contract. The fines may not be calculated on an
hourly basis. For example, a member who is an hour late may not be fined an hour's
worth of living allowance. Instead, the Grantee shall establish a written policy on fines,
which is not linked to an hourly rate. The Grantee may deduct fines from that portion of
the member's living allowance that is paid by non-Federal funds. Before making any
deductions, the Grantee should consider how this might affect the status of inembers
under employment laws, including minimum wage and unemployment compensation.
Further, a Grantee that deducts in this fashion may be required to provide additional
matchin� lunds.
11. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS AND TAXES.
The living allowance match must come from non-federal sources; unless an exception for lack of
available financial resources at the local level under 42 U.S.C. 12594 (g) is specifically approved
in the Special Conditions ofthe Award document. Programs that want to provide a living
allowance in excess of the minimum amount stated in the Application Guidelines must provide a
Grantee match for all funds over 85% of that minimum.
a. Living Allowances. Unless otherwise agreed upon, a Grantee must provide a living
allowance to full-time members in accord with the following:
i. Full-Time Requirements. Please refer to the Application Guidelines for
i�.
iii
current year amounts. The living allowance is based on the total average
annual amount provided to V1STA volunteers. The Corporation will only
fund up to 85% ofthe minimum living allowance. A minimum of l5%
must be matched by non-federal sources. A program that wants to provide
a living allowance in excess of the stated minimum must provide a
Grantee match for all funds over 85% of that stated amount. If the
program is permitted to provide a living allowance that is less than the
stated minimum, the Corporation will only fund 85% ofthe actual amount.
Less than full-time Requirements. Programs are not required to pay less
than full-time members living allowances. If a Program chooses to pay
less than full-time members, it should prorate the full-time living
allowance based on the less than full-time member's service. The
Corporation will fund up to 85% of the prorated living allowance.
Other Requirements. Programs may not provide a living allowance
benefit above the maximum amount stated in the Application Guidelines
for full-time members unless permitted under 42 U.S.C. 12594(c), or pro-
rated based on number of hours for less than full-time. Programs in
existence prior to September 21, 1993 may offer a lower living allowance
than the stated minimum; however, Corporation funds will only support
85% of the actual amount.
b. Living Allowance Distribution. The tiving allowance is designed to help members
meet the necessary living expenses incurred while participating in the AmeriCorps
Program. Programs must not pay a living allowance on an hourly basis. It is not a wage
and should not fluctuate based on the number of hours members serve in a given time
Final — February 2004 22
ATTACHMENT III
period. Programs should pay the living allowance in increments, such as weekly or bi-
weelcly. Programs may use their organization's payroll system to process members'
living allowances. However, if a payroll system cannot be altered and must show 40
hours in order to distribute a living allowance, then members' service hours should be
documented separately to keep track of their progress towards the Program's total
required AmeriCorps service hours.
c. Waiving the Living Allowance. A member may waive all or part of the payment of a
living allowance if he or she believes his or her public assistance may be lost because of
the living allowance, with the following caveats:
i. Even if a member waives his or her right to receive the living allowance, it
is possible—depending on the specific public assistance program rules—
that the amount of the living allowance that the member is eligible to
receive will be deemed available;
ii. Members may revoke the waiver at any time during the course of the
program;
iii. If a member revol<es the waiver, he or she may begin receiving the living
allowance only from the date on which the waiver was revoked; the
member may not receive any portion of the Iiving allowance that accrued
during the waiver period.
d. Taxes and Insurance.
i. Liability Insurance. The Grantee must have adequate general liability
coverage for the organization, employees and members, including
coverage of inembers engaged in on- and off-site project activities.
ii. 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 receiying a
living allowance. The Grantee also must withhold 7.65% from the
member's living allowance.
iii. lncome Taxes. The Grantee must withhold Federal personal income taxes
from member living allowances, requiring each member to complete a W-
4 form at the beginning of the term of service and providing a W-2 form at
the close of the tax year. The Grantee must comply with any applicable
state or local tax requirements.
iv. Unemployment Insurance. The U.S. Department of Labor ruled on April
20, 1995 that federal unemployment compensation law does not require
coverage for members because no employer-employee relationship exists.
The Grantee cannot charge the cost of unemployment insurance taxes to
the Grant unless mandated by state law. Programs are responsible for
determining the requirements of state law by consulting their State
Commission, legal counsel or the applicable state agency.
AmeriCorps*National and AmeriCorps*Tribes and Territories Grantees
must coordinate with their State Commissions to determine a consistent
state treatment of unemployment insurance requirements.
Final — February 2004 23
ATTACHMENT III
v. Worker's Compensation. Worker's Compensation is an allowable cost to
the Grant. The Grantee is responsible for determining whether state law
requires the provision of worker's compensation for members. If a
probram is not required by state law to provide worker's compensation,
the Program must obtain Occupational Accidental Death and
Dismemberment insurance coverage for members to cover in-service
injury or incidents.
e. Health Care Coverage. The Grantee must provide a health care policy to those full-
time members not otherwise covered by a health care policy at the time of enrollment
into the AmeriCorps program, or to those members who lose coverage during their term
of service as a result of participating in the Program or through no deliberate act of their
own. The Corporation will not cover health care costs for family members or for less than
full-time members.
i. Minimum Benefits. The health care policy must meet the following minimum
benefits:
� Physician services for illness or injury;
• Hospital room and board;
• Emergency room;
• X-ray and laboratory;
• Prescription drugs;
• Limited mental/nervous disorders;
• Limited substance abuse coverage;
• An annual deductible of no more than $250 charges per member;
• No more than $1,000 total annual out-of-pocket per member;
• A 20% co-pay or a comparable fixed fee with the exception of a 50% co-
pay for mental and substance abuse care; and
• A maximum benefit of $50,000.
ii. Obtaining Health Care Coverage. You may obtain health care insurance for
your members through any provider you choose, as long as the policy provides
the minimum benefits and is not excessive in cost. If you use a health care policy
that charges more than $150 per month to the Corporation you must send a copy
of the policy along with a summary of its coverage and costs to the Corporation's
Office of Grants Management.
iii. Half-Time Members. Although no portion of health insurance expenses for
halftime members may be paid from Corporation funds, you may choose to
provide health care to half-time members from other sources.
iv. Half-Time Members serving in a Full-Time Capacity. Half-time members
��-hu are serving in a full-time capacity for a sustained period of time (such as a
full-time summer project) may be eligible for health care benefits supported with
Corporation funds, although that coverage must be approved in the Grant.
f. Childcare. The Grantee must ensure that c�ildcare is made available to those full-time
members who need such assistance in order to participate. Members are not eligible to
receive childcare from AmeriCorps while they are receiving childcare subsidies from
another source for the same period of AmeriCorps Service.
Final — February 2004 24
ATTACHMENT III
i. Member Eligibility. A member is considered to need childcare in order to
participate in the Program if:
(a) He or she is the parent or legal guardian (or acting in loco parentis) for
a child under the age of 13 who resides with the member;
(b) He or she has a family income that does not exceed the state's income
eligibility guidelines for a family of the same size. At a maximum; family
income can be no more than 75% of the state's median income; and
(c) At the time of acceptance into the Program, he or she is not receiving
childcare from another available source that would continue to be
provided while the member serves in the program.
ii. Qualified Providers. To be eligible for payment with AmeriCorps funds,
a childcare provider must qualify under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c (4) (A)). Each state has its own
criteria. Payments will not be made to ineligible providers.
iii. Administration of Child Care Payments. In general, the Corporation
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. 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 1-800-570-4543 with questions
regarding childcare.
iv. Program Director's Responsibilities. In addition to determining a
member's eligibility at the start of the term of service, Program directors
are required to notify AmeriCorps�CARE immediately in writing when:
(a) A member is no longer eligible for childcare benefits due to a change
in the member's eligibility status (e.g., family income exceeds the limit,
the child turns 13, a full-time member becomes a less than full-time
member, or a member leaves the Program);
(b) New or existing members become eligible for childcare benefits;
(c) A member wishes to change childcare providers or a childcare provider
will no longer provide childcare services; or
(d) A member is absent from the Program for excessive periods of time
(five or more days in a month).
Costs incurred due to the Grantee's failure to keep AmeriCorps�CARE
immediately informed of changes in a member's status may be charged to
the Grantee's organization.
v. Half-Time Members. Although no portion of childcare expenses for half-
time members may be paid from Corporation funds, Programs may choose
to provide childcare to half-time members from other sources.
vi. Half-Time Members Serving in a Full-Time Capacity. Half-time
members who are serving in a full-time capacity for a sustained period of
time (such as a full-time summer project) may be eligible for childcare
benefits supported with Corporation funds, although that coverage must be
approved in the Grant or via prior written approval from the Corporation's
Office of Grants Management.
Final — February 2004 ZS
ATTACHMENT III
vii. Payments. Payments or reimbursement for childcare benefits will be
made for eligible members to qualified providers from the date child care
need was established after service began. No payments and
reimbursements will be made in the event the AmeriCorps member was
ineligible, or if the provider was not qualified under the state guidefines.
g. Family and Medical Leave. AmeriCorps members who have served for at least 12
months and 1250 hours can take family and medical leave in accordance with the Family
and Medical Leave Act of 1993 (FMLA), provided the sponsoring institution, if non-
federal, employs staff of more than 50 people. (See the Corporation's Regulations at 45
C.F.R. 2540.220) Under FMLA, members may take up to 12 weeks of unpaid leave
during a 12 month period for the following reasons:
i. The birth of a child.
ii. The placement of a child with an AmeriCorps member through adoption
or fostercare.
iii. Serious illness of an AmeriCorps member's spouse, child or parent.
iv. Serious illness prevents the AmeriCorps member from performing his or
her essential service duties. According to Corporation regulations, a
serious health condition is an illness requiring in-patient care or continuing
treatment by a health care provider.
The grantee also may allow a member to take intermittent leave or reduce his or her
service hours for any of the reasons mentioned above.
Grantees must continue to provide health care coverage to members on family and
medical leave. If at the end of the leave, a member decides not to rejoin the program,
FMLA allows grantees to recover their health premium payments, unless the reason for
not returning is the continuation of the serious health condition or other circumstances
beyond the member's control. However, given the small amounts involved (in most cases
less than $300 per AmeriCorps member), Grantees may elect not to adopt this recovery
policy.
Family and medical leave does not count toward the requisite service hours and members
may not receive a living allowance during this period.
In the Grantee's discretion, temporary leave may also be authorized for the reasons
allowed under FMLA to AmeriCorps members who do not otherwise meet the eligibility
requirements for FMLA leave as described above. If temporary leave is appropriate,
grantees have the flexibility to determine the duration of the absence for up to 12 weel<s.
The length ofthe leave must be based on two considerations: (1) the circumstances ofthe
situation; and (2) the impact of the absence on the member's service experience and on
the overall program. If the disruption would seriously compromise the member's service
experience or the quality of the program as a whole, then the grantee may offer the
member the option of rejoining the program in the next class or completely withdrawing
from the program.
Final — February 2004 2(
ATTACHMENT III
h. Federal Work Study. Upon approval by the Corporation's Program Office, grantees
may enroll Federal Work Study students as AmeriCorps members. Only individuals who
enroll in an AmeriCorps position in a program that has been approved by the Corporation
are eligible to receive AmeriCorps member benefits. Except as required by Federal Work
Study regulations, AmeriCorps members may not be paid on an hourly basis. The
Corporation for National and Community Service does not consider a wage under the
Federal Work Study program to be a living allowance for purposes of the National and
Community Service Act. The grantee is not required to report such wages in the
AmeriCorps grant. If you have members to whom you pay a living allowance for any
service beyond the hours worked under the Federal Work Study Program, then at least
15% of the amount of the living allowance must be provided from non-Federal sources.
12. POST-SERVICE EDUCATION AWARDS.
In order for a member to receive a post-service education award from the National Service Trust,
the Grantee must certify to the National Service Trust that the member is eligible to receive the
education benefit. The Grantee must notify the National Service Trust on a form provided by the
Corporation (electronic submission via WBRS suffices) when it enrolls a member for a term of
service, when the member completes the term, and whenever there is a change in the member's
status during the term (e.g., release for compelling circumstances or suspension). A member may
receive a post-service education award only for the first two terms of service. For example, one
full-time and one half-time term of service count as two terms. If a member is released for
reasons other than misconduct prior to completing 15% of a term of service, that term does not
count as one of the two terms for which an education award may be provided. No Corporation or
other federal funds may be used to provide member support costs for a third or subsequent term
of service in an AmeriCorps State or National Program.
In order to receive a full education award, a member must perform the minimum hours of service
as required by the Corporation and successfully complete the program requirements as defined
by the Program. For example, if successfiil completion of a full-time program requires 1,800
service hours, members in that particular program are not eligible for an education award simply
upon completion of 1,700 hours. If a member is released from a Program for compelling
personal circumstances, the member is eligible for a pro-rated education award based on the
number of hours served, if it is at least 15% of the total required hours. Questions regarding
authorized uses of the education award should be directed to the Trust at (202) 606-5000 ext.
347.
Education Awards Table
Title
Full-time
One Year Half-time
�Two Year Half-time
Reduced Half-time
Quarter-time
Minimum-time
Number of Hours
At least 1700
At least 900
At least 900
At least 675
At least 450
At least 300
Final — February 2004 27
Education Award
$4,725.00
$2,362.50
$2,362.50
$1,800.00
$1,250.00
$1,000.00
ATTACHMENT III
13. MATCHING REQUIREMENTS.
a. Matching Obligation. The Grantee must provide and account for the matching funds
as agreed upon in the approved application and budget. All programs are encouraged to
raise some funds from the private sector, i.e. non-federal funds.
The Corporation requires, at a minimum, the following aggregate matches:
i. Member Costs: 15% including Living Allowance, F1CA, Unemployment
Insurance, Worker's Compensation and Health Care
ii. Program Operating Costs: 33% including Other Member Costs, Staff,
Operating Costs, Internal Evaluation and Administration For further
requirements, refer to OMB Circular A-102 and its implementation
regulation (45 C.F.R. 2543) or A-110 (45 C.F.R. 2541), as applicable.
b. Cash Match for Member Costs. The Grantee's matching contributions for Member
Costs (excluding health care) must be in non-federal monies. Tribal funds acquired
through P.L. 93-638 are considered non-federal and may be used to match Member
Support Costs. Unless otherwise agreed upon by the Corporation, programs must meet
the grantee share of Member Costs, as indicated in the approved budget, during each
reporting period.
c. Cash or In-Kind Match for Program Operating Costs. Contributions, including
cash and third party in-kind, will be accepted as part of the Grantee's matching share for
Program Operating Costs (defined as those other than the Member Costs) when such
contributions meet all of the following criteria:
i. They are verifiable from Grantee records.
ii. They are not included as contributions for any other federally-assisted
Program.
iii. They are necessary and reasonable for the proper and efficient
accomplishment of Program objectives.
iv. They are allowable under applicable cost principles.
d. Exception for ponated Professional Service. Because the purpose of this Grant is to
enable and stimulate volunteer community service, the Grantee may not include the value
of direct community service performed by volunteers. However, the Grantee may include
the value of volunteer services contributed to the organization for organizational
functions such as accounting, audit, training of staff and AmeriCorps Programs.
e. Administrative Costs. Administrative costs cannot exceed 5% of total Corporation
funds actually expended. Administrative costs that exceed the Corporation's maximum
administrative cost limit of 5% but that otherwise would have been allocable to the Grant,
are allowable as the matching share under the Administrative costs budget line item. See
General Provisions, Administrative Costs.
f. Valuation. The value of Grantee and third-party contributions of services and property
will be determined in accordance with applicable cost principles set forth in OMB
Circulars A-21, A-87 and A-122, and the approved budget.
Final — February 2004 28
ATTACHMENT III
g. Cost Share. The Corporation encourages private sector support over-and-above the
matching fund requirement. As a general rule, the Corporation will treat cash or in-kind
matching contribution that exceeds the required minimum as cost-share. Grantees must
comply with the requirements of CFR 2543.23 in documenting cash and in-kind
contributions.
14. MEMBER RECORDS AND CONFIDENTIALITY.
a. Record-Keeping. The Grantee must maintain records specified in (b) below that
document each member's eligibility to serve pursuant to the member eligibility
requirements in the definitions section ofthese provisions. The records must be sufficient
to establish that the individual was eligible to participate in the program and that the
member successfully completed the program requirements.
b. Verification. To verify U.S. citizenship, U.S. national status or, U.S. lawful permanent
resident alien status, the Grantee must obtain and maintain documentation as required by
45 C.F.R. 2522.200(b) and (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. If the member has
been determined to be incapable of obtaining a high school diploma or its equivalent, the
Grantee must retain a copy of the supporting independent evaluation
c. Confidential Member Information. The Grantee must maintain the confidentiality of
infor►nation regarding individual members. The Grantee must obtain the prior written
consent of all members before using their names, photographs and other identifying
intormation for publicity, promotional or other purposes. Parental or legal guardian
consent must be obtained for members under 18 years of age. Grantees may include an
informed consent form as part of the member contract materials that are signed at the
time the member enrolls. Grantees may release aggregate and other non-identifying
information, and are required to release member information to the Corporation and its
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.
15. BUDGET AND PROGRAMMATIC CHANGES.
a. Programmatic Changes. The State Commission or Parent Organization must obtain
the prior written approval of the AmeriCorps Program Office before making the
following changes in the approved Program:
Final — February 2004 29
ATTACHMENT III
i. Changes in the scope, objectives or goals of the Program, whether or not
they involve budgetary changes;
ii. Substantial changes in the level of participant supervision;
iii. Entering into additional sub-Grants or contracts for AmeriCorps activities
funded by the Grant but not identified or included in the approved
application and grant budget.
b. Program Changes for Formula Programs
i. State Commissions are responsible for approving the above changes for
state formula programs.
c. Budgetary Changes. The Grantee must obtain the prior written approval of the
Corporation's Office of Grants Management before deviating from the approved budget
in any of the following ways:
i. Reallocation of Funds from the "Member Support Cost" category to
other categories of the approved budget. However, the Grantee may
reallocate funds within the line items in this category, except for increases
in health care cost per member, which must be approved. The specific line
items covered by this subclause are:
a. Living allowance,
b. FICA, worker's compensation, and unemployment insurance and
c. Health care (or alternative health care).
ii. Specific Costs Requiring Prior Approval before Incurrence under
OMB Circulars A-21, A-87 or A-122. For certain cost items, the cost
circulars require approval of the awarding agency for the cost to be
allowable. Examples of these costs are overtime pay, rearrangement and
alteration costs, and pre-award costs.
iii. Purchases of Equipment over $5,000 using Grant funds, unless specified
in the approved application and budget.
iv. Unless the Corporation share of the award is $100,000 or Iess, changes
to cumulative budget line items that amount to 10 per cent or more of the
total program budget must be approved in writing in advance by the
Corporation. The total program 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 per cent of the total program budget.
d. Approvals of Programmatic and Budget Changes. The Corporation's Grants
Officers are the only officials who have the authority to change the requirements of the
Grant. 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.
Final — February 2004 30
ATTACHMENT III
16. REPORTING REQUIREMENTS.
a. Financial Status and Progress Reports. Progress and Financial Status reporting
requirements in these Provisions apply only to the Grantee. Grantees are required to
review, analyze, and follow up on progress and financial status reports they receive
from AmeriCorps subgrantees or operating sites. Each Grantee must submit Progress
and Financial Status Reports by the required due dates.
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.
F'.�tensic�ns c�fdeadlines f�r FSRs (SF ?69a) may only he granted by the Office of
Grants Management, and extensions of deadlines for Progress Reports may only be
granted by the AmeriCorps Program Office.
i. Financial Status Reports. The grantee shall submit semi-annual
cumulative financial status reports summarizing expenditures during the
reporting period using eGrants (Financial Status Reports menu tree).
Financial Status
Report deadlines are:
Due Date
April 30
October 30
Renortine Period Covered
Start of grant through March 31
April 1 — September 30
A Grantee properly utilizing WBRS meets financial reporting requirements when
the Grantee uses that system to submit reports within the approved time frames. A
Grantee inust set its own submission deadlines for its respective Sub-Grantees.
ii. Progress Reports.
a. Reporting Dates for National Direct Parent Organizations: A
Grantee Progress Report ("GPR") is due in WBRS on the first Monday in
December, 2005 for the period October 1, 2004 through September 30,
2005. The report will require the Grantee's analysis of the AmeriCorps
grants it administers. This includes reporting on the operating sites that
have completed their program year by the reporting end date, as well as
the progress to date for operating sites still in operation for that project
period.
b. Reporting Dates for State Commissions, Tribes, and Territories: A
Grantee Progress Report ("GPR") is due in WBRS on the first Monday in
December, 2005 for the period October 1, 2004 through September 30,
2005. The report will require the Grantee's analysis of the AmeriCorps
grants it administers. This includes reporting on Sub-Grantees that have
Final — February 2004 3 �
ATTACHMENT III
completed their program year by the reporting end date and the progress to
date for those Sub-Grantees still in operation for that project period.
iii. Final Financial Status Reports. A Grantee completing the final year of
its grant must submit, in lieu of the last semi-annual FSR, a final FSR that
is cumulative over the entire project period. This FSR is due within 90
days after the end of the grant.
Note: Sub-Grantee Financial Status and Progress Reports
The Corporation expects each Grantee to set its own Sub-Grantee reporting requirements.
Grantees are responsible for monitoring Sub-Grantee activities and training needs,
tracking progress toward objectives, and identifying challenges. Sub-Grantees must
adhere to the reporting requirements outlined and communicated by its Grantee for the
program year.
b. Ameri�orps Member-Related Forms. The Grantee is required to submit the
following documents to the National Service Trust at the Corporation on forms provided
by the Corporation. Grantees and Sub-Grantees may use WBRS to submit these forms
electronically. Programs using WBRS must also maintain hard copies of the forms:
i. Enrollment Forms. Enrollment forms must be submitted no later than 30
days after a member is enrolled.
ii. Change of Status Forms. Member Change of Status Forms must be
submitted no later than 30 days after a member's status is changed. By
forwarding Member Change of Status Forms to the Corporation, State
Commissions and Parent Organizations signal their approval of the
change.
iii. Exit/End-of-Term-of-Service Forms. Member Exit/End-of-Term-of-
Service Forms must be submitted no later than 30 days after a member
exits the program or finishes his/her term of service.
c. Benefit Provider pocumentation. Programs are responsible for contacting applicable
benefit providers immediately and when a change of status affects the eligibility of a
member or when a member leaves the program early.
17. GRANT PERIOD AND INCREMENTAL FUNDING.
Fur the purpose ot�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 ur more budget periods. A budget period is a specific interval of time for which
Federal funds are being provided to fund a Grantee's approved activities and budget.
Unless otherwise specified, the Grant covers a three-year project period. In approving a
multiyear project period the Corporation makes an initial award for the first year of operation.
Additional funding is contingent upon satisfactory performance and the availability of funds.
Final — February 2004 32
ATTACHMENT III
The project period and the budget period are noted on the award document.
18. PERFORMANCE MEASUREMENT AND EVALUATION.
a. Performance Measurement. All grantees must establish, track, and evaluate
performance measures (i.e., outputs, intermediate-outcomes, end-outcomes) for their
programs. Grantees must:
i. establish performance measures in consultation with the Corporation, or
State Commission, as appropriate.
ii. collect and organize performance measure data on an ongoing basis.
iii. tra�l: pru��ress ti���ard meetinb performance bo�ls.
iv. account for shortfalls in measured performance by explaining why they
occurred and providing plans for responding to the shortfalls.
v. include the results in progress and final reports.
b. Performance Measurement Requirements for Competitive versus Formula-type
Programs.
i. State Commissions are responsible for making the final determination of
performance measures for state formula programs, while the Corporation
makes the final determination for all other programs.
ii. The Corporation may reyuire that formula programs revise their
performance measures to be acceptable if the State Commission has not
established appropriate performance measures.
iii. While State Commissions must hold their sub-grantees accountable for
their performance measures, as a grantee, a State Commission is
accountable to the Corporation for its formula programs performance
measures.
c. Changes to Negotiated Performance Measures.
i. Grantees must request ar�roval fr�m the C�rparation �ri�r t� making a
significant change to performance measures. A significant change may'occur
in the following types of circumstances:
a. Retining the performance measure based on experience so that goals
become more realistic and manageable.
b. Replacing a measure related to one issue area with one related to an
entirely different issue area (i.e., replacing an objective related to
health with one related to the environment).
c. Redefining the work performed by individuals under the grant (i.e.,
tutoring adults in English as opposed to running an after-school
program for third-graders).
d. Eliminating an activity due to a failure to secure necessary matching
funding (i.e., a program to train community volunteers was dependent
on private funding).
e. Redefining the measure with another (i.e., replacing one measure of
civic engagement {additional volunteer time] with another [voting]).
Final — February 2004 33
ATTACHMENT III
d. Independent Evaluations. The Grantee is encouraged to obtain an independent
evaluation and must do so if provided for in the approved budget.
e. External Evaluation and Data Collection. The Grantee must cooperate with the
Corporation and its evaluators in all monitoring and evaluation efforts. As part ofthis
effort, the Grantee must collect and submit certain member data, including the total
number of inembers in the Program, and the number of inembers by race, ethnicity,
gender, age, economic background, education level, disability classification and
geographic region. The Corporation will provide forms for collecting member data.
f. Accountability for Results. Eligibility for future funding may be contingent upon
compliance with these provisions as well as satisfactory performance.
Final — February 2004 34
ATTACHMENT III
C. GENERAL PROVISIONS
19. LEGISLATIVE AND REGULATORY AUTHORITY.
This Grant is authorized by and subject to the National and Community Service Act of l 990 as
amended, codified as 42 U.S.C. 12501 et seq., and 45 C.F.R. 2510 et seq.
20. 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, lndian tribes, U.S. territories,
and local governments:
i. Uniform Administrative Requirements for Grants and Cooperative
Agreements to�State and Local Governments -- 45 C.F.R. 2541.
ii. OMB Circular A-87, Cost Principles for State and Local Governments.
iii. OMB Circular A-133, Audits of States, Local Governments and Non-
Profit Organizations.
b. Nonprofit Organizations. The following circulars and their implementing regulations
apply to nonprofit organizations:
i. Uniform Administrative Requirements for Grants and Agreements with
Tnstitutions of Higher Education, Hospitals and Other Nonprofit
Organizations -- 45 C.F.R. 2543.
ii. OMB Circular A-122, Cost Principles for Nonprofit Organizations.
iii. OMB Circular A-133, Audits of States, Local Governments and Non-
Profit Ur�anizations.
c. Educational Institutions. The following circulars and their implementing regulations
apply to educational institutions:
i. Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit
Organizations -- 45 C.F.R. 2543.
ii. OMB Circular A-21, Cost Principles for Educational Institutions.
iii. OMB Circular A-133, Audits of States, Local Governments and Non-
Profit Organizations.
d. Other Applicable Statutes and Regulations. The Grantee must comply with all other
applicable statutes, executive orders, regulations and policies governing the Program,
including but not limited to those cited in these Grant Provisions, the Grant Assurances
and Certifications, and those cited in 45 C.F.R. Parts 2541 and 2543.
Fin�l Fehrtiar� ?0114 �5
ATTACHMENT III
21. RESPONSiRILiTIES UNDER GRANT ADMINISTRATION.
a. Accountability of Grantee. The Grantee has full fiscal and programmatic
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. It must
etpend 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.
b. 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.
c. Notice to the Corporation's Office of Inspector General. The Grantee must notify
the Office of Inspector General immediately of losses of federal funds or goods/services
supported with federal funds, or when information discovered by someone at a program
indicates that there has been waste, fraud or abuse, or any violation of criminal law, at the
program or at a sub-grantee.
22. FINANCIAL MANAGEMENT PROVISIONS.
a. General. The Grantee must maintain financial management systems that include
standard accounting practices, sufficient internal controls, a clear audit trail and written
cost allocation procedures as necessary. Financial management systems must be capable.
of distinguishing expenditures attributable to this Grant from expenditures not
attributable to this Grant. This system must be able to identify costs by programmatic
vear and bv bud�Tet category and to differentiate between direct and indirect costs or
administrative costs. For further details about the Grantee's financial management
responsibilities, refer to OMB Circular A-102 and its implementing regulations (45
C.F.R. 2543) or A-110 and its implementing regulations (45 C.F.R. 2541), as applicable.
b. Source Documentation. The Grantee must maintain adequate supporting documents
for its expenditures (federal and non-federal) and in-kind contributions made under this
Grant. Costs must be shown in books or records [e.g., a disbursement ledger or journal],
and must be supported by a source document, such as a receipt, travel voucher, invoice,
bill, in-kind voucher, or similar document.
Final — February 2004 36
ATTACHMENT III
c. Time and Attendance Records.
i. Staff.
(a) Except as provided in (b) and (c) below, salaries and wages charged
directly to this Grant or charged to matching funds must be supported by
signed time and attendance records for each individual employee
regardless of position, and by documented payrolls approved by a
responsible official of the Grantee. Except as provided in (b) and (c)
below, salaries and wages chargeable between this Grant and other
programs or functions of the Grantee organization must be supported by
si�ned time and attendance records for each individual regardless of
position, appropriately distributing the individual's time to the different
programs or functions.
(b) Educational institutions are not required to support charges for salaries
and wages with signed time and attendance records for professorial and
professional staff if they are in compliance with the criteria in Section 8.b
of OMB Circular A-21 for acceptable methods of documenting the
distribution of charges for personal services.
(c) State, Local and Indian Tribal governmental units are not required to
support charges for salaries and wages with signed time and attendance
records if they are in compliance with the standards of Section l l.h of
OMB Circular A-87 for the support and documentation of salaries and
wages.
ii. AmeriCorps Members. The Grantee must keep time and attendance records
on all AmeriCorps members in order to document their eligibility for in-service
and post-service benefits. Time and attendance records must be signed and dated
both by the member and by an individual with oversight responsibilities for the
member.
d. Audits. Grantee organizations that expend $300,000 ($500, D00 for fiscal years ending
ufter Decemher 31, 2003j or more in a year in Federa) 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 $300,000 ($500, 000 for
frscal years ending after December 31, 2003) in federal awards is exempt from the single
audit requirements of OMB Circular A-133 for that year. However, it must continue to
conduct financial management reviews of its programs, and records must be available for
review and audit.
A recipient of a Federal grant (pass-through entity) is required in accordance with
paragraph 400(d) of OMB Circular A-133, to do the following with regard to its
subrecipients: (1) identify the Federal award and funding source; (2) advise subrecipients
ot�all requirements imposed on them; (3) monitor subrecipient activities and compliance;
(4) ensure subrecipients have A-133 audits when required; (5) issue decisions and ensure
follow-up on audit findings in a timely way; (6) where necessary, adjust its own records
and financial statements based on audits; and (7) require subrecipients to permit access
Final — February 2004 37
ATTACHMENT III
by the pass-through entity and auditors to records and financial statements as necessary
for the pass-through entity to comply with A-133.
e. Consultant Services. Payments to individuals for consultant services under this Grant
will not exceed $443.00 per day (exclusive of any indirect expenses, travel, supplies and
so on).
23. ADMINISTRATIVE COSTS.
a. Definitions. "Administrative costs" mean general or centralized expenses of overall
administration of an organization that receives Corporation funds and does not include
particular Program or project costs. For organizations that have an established indirect
cost rate for federal awards, administrative costs mean those costs that are included in the
organization's indirect cost rate. Such costs are generally identified with the
organization's overall operation and are further described in OMB Circulars A-21 „ A-87
and A-122. For organizations that do not have an established indirect cost rate for federal
awards, administrative costs include:
i. Costs for tinancial, accounting, auditing, contracting or general legal services
except in unusual cases where they are specifically approved in writing by the
Corporation as program costs;
ii. Costs for internal evaluation, including overall organizational management
improvement costs (except for independent and internal evaluations of the
Program or project evaluations that are specifically related to creative methods of
quality improvement); and
iii. Costs for general liability insurance that protect the organization(s) responsible
for operating a Program or project, other than insurance costs solely attributable
to the Program or project.
Administrative costs may also include that portion ofsalaries and benefits ofthe
Program's director and other administrative staff not attributable to the time spent in
support of a specific Program or project. The principles that pertain to the allocation and
documentation of personnel costs are stated in the OMB circulars that are incorporated in
Corporation regulations [45 CFR 2541.220(b)].
Administrative costs generally do not include the following allowable expenses directly
related to a Program or project (including their operations and objectives), such as:
i. Allowable direct charges for members, including living allowances, insurance
payments made on behalf of inembers, training and travel;
ii. Costs for staff (including salary, benefits, training and travel) who recruit, train,
place or supervise members or who develop materials used in such activities, if
the purpose is for a specific Program or project objective;
iii. Costs for independent evaluations and any internal evaluations of the Program
or project that are related specifically to creative methods of quality improvement;
iv. Costs, excluding those already covered in an organization's indirect cost rate,
attributable to staffthat work in a direct Program or project support, operational,
or oversight capacity, including, but not limited to: support staff whose functions
Final — February 2004 38
ATTACHMENT III
directly support Program or project activities; staff who coordinate and facilitate
single or multi-site Program and project activities; and staff who review,
disseminate and implement Corporation guidance and policies directly relating to
a Program or project;
v. Space, facility and communication costs that primarily support Program or
project operations, excluding those costs that are already covered by an
organization's indirect cost rate; and
vi. Other allowable costs, excluding those costs that are already covered by an
organization's indirect cost rate, specifically approved by the Corporation as
directly attributable to a Program or project.
b. Limitation by Statute. Administrative costs cannot exceed 5% of total Corporation
funds actually expended under this award.
c. Fixed 5%. If approved on a case-by-case basis by the Corporation, the grantee may
charge, for administrative costs, a fixed 5% of the total of the Corporation funds
expended. In order to charge this fixed 5%, the grantee match for administrative costs
may not exceed 10% of all direct cost expenditures. These rates may be used without
supporting documentation and are in lieu ofan indirect cost rate.
d. Indirect Cost Rates.
i. If grantees have an approved indirect cost rate, such rate will constitute
documentation ofthe grantee's administrative costs including the 5% maximum
payable by the Corporation and the grantee match of administrative costs.
ii. If a grantee wants to claim more than 10% match in administrative costs it must
have or obtain an approved indirect cost rate. Where appropriate, the Corporation
will establish an indirect cost rate that may be used for this and other federal
awards.
e. Consistency of Treatment. To be allowable under an award, costs must be consistent
with policies and procedures that apply uniformly to both federally financed and other
activities of the organization. Furthermore, the costs must be accorded consistent
treatment in both federally financed and other activities as well as between activities
supported by different sources of federal funds.
24. EQUIPMENT AND SUPPLY COSTS.
Equipment and supplies will be handled in accordance with 45 C.F.R. 2541 — Uniform
Adminis[rative Requirements for Grants and Cooperative Agreements to State and Local
Government or with 45 C.F.R. 2543 — Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-profit Organizations.
Final — February 2004 39
ATTACHMENT III
25. PROJECT INCOME.
a. General. Income earned as a direct result of the Program's activities during the award
period may be retained by the Grantee and used to finance the non-Corporation share of
the Program.
b. Fees for Service. When using assistance under this Grant, the Grantee may not enter
into a contract for or accept fees for service performed by members when:
i. The service benefits a for-profit entity;
ii. The service falls within the other prohibited Program activities set forth in
these Grant Provisions; or
iii. The service violates the non-displacement Provisions of the Act set forth
in these Grant Provisions.
26. PAYMENTS UNDER THE GRANT.
a. Advance Payments. The Grantee may receive advance payments of Grant funds,
provided the Grantee meets the financial management standards specified in OMB
Circular A-102 and its implementing regulations (45 C.F.R. 2541) or A-1 10 and its
implementing regulations (45 C.F.R. 2543), as applicable.
b. Immediate Cash Flow Needs. The amount of advance payments requested by the
Grantee must be based on actual and immediate cash needs in order to minimize federal
cash on hand in accordance with policies established by the U.S. Department of the
Treasury in 31 C.F.R. 205.
c. Discontinuing Advance Payments. If a Grantee does not establish procedures to
minimize the time elapsing between the receipt of the cash advance and its disbursement,
the Corporation may, after providing due notice to the Grantee, discontinue the advance
payment method and allow payments in advance only by individual request and approval
or by reimbursement.
d. Interest-Bearing Accounts. The Grantee must deposit advance funds received from
the Corporation in federally-insured, interest-bearinb accounts. T'he exceptions to this
requirement follow:
i. Institutions of Higher Education and Other Non-Profit Organizations.
If a Grantee is covered by 45 C.F.R. 2543 it must maintain advance funds
in interest bearing accounts unless:
(a) It receives less than $120,000 in federal funds per year;
(b) The best reasonably available account would not be expected to
earn interest in excess of $250 per year on federal cash balances; or
(c) The required minimum balance is so high that it would not be
feasible within expected federal and non-federal cash resources.
Earned interest must be remitted annually to HHS-PMS, Rockville,
MD 20852. Grantees may keep up to $250 of interest per year to
offset administrative expenses.
Final — February 2004 40
ATTACHMENT III
ii. State and Local Governments. All Grantees and sub-Grantees covered
by 45 C.F.R. 2541, with the exception of State Governments and Indian
Tribes, must remit earned interest quarterly to the Corporation. Grantees
may keep up to $100 ofthe earned interest per year to offset
administrative expenses.
27. RETENTION OF RECORDS.
The Grantee must retain and make available all financial records, supporting documentation,
statistical records, evaluation and program performance data, member information and personnel
records for 3 years from the date of the submission of the final Financial Status Report (SF
269A). lf an audit is started prior to the expiration of the 3-year period, the records must be
retained until the audit findings involving the records have been resolved and final action taken.
28. SITE VISITS.
The Corporation reserves the right to make site visits to review and evaluate Grantee records,
accomplishments, organizational procedures and financial control systems; to conduct
interviews; and to provide technical assistance as necessary.
29. LiABILITY AND SAFETY ISSUES
a. Liability Insurance Coverage. The Grantee must have adequate liability insurance
coverage for the organization, employees and members, including coverage of
members engaged in on- and off-site project activities.
b. Member Safety. The Grantee must institute safeguards as necessary and appropriate
to ensure the safety of inembers. Members may not participate in projects that pose
undue safety risks.
30. DRUG-FREE WORKPLACE.
a. Notice to Employees and Members. In accordance with the Drug-Free Workplace
Act, 41 U.S.C. 701 et seq., implementing regulations, 45 C.F.R. 2542, and the Grantee's
certification, the Grantee must publish a statement notifying employees and members
that:
i. The unlawful manufacture, distribution, dispensation, possession or use of
a controlled substance is prohibited in the Grantee's workplace and
Program;
ii. Conviction of any criminal drug statute must be reported immediately to
the Grantee;
iii. The employee's employment or member's participation is conditioned
upon compliance with the notice requirements; and
iv. Certain actions will be taken against employees and members for violation
of such prohibitions.
Final February ?004 4l
ATTACHMENT III
b. Criminal Drug Convictions. The Grantee's employees and members must notify the
Grantee in writing of any criminal drug convictions for a violation occurring in the
workplace or during the performance of project activities no later than 5 days after such
conviction. The Grantee must notify the Corporation within ] 0 days of receiving notice
of such conviction. The Grantee must take appropriate action against such employee or
member, up to and including termination or member release for cause consistent with the
Corporation's rules on termination and suspension of service, or require the employee or
member to satisfactorily participate in an approved drug abuse assistance or rehabilitation
Program.
c. Drug-Free Awareness Program. The Grantee must establish a drug-free awareness
Program to inform employees and members about the dangers of drug abuse in the
workplace, the Grantee's policy of maintaining a Drug-Free workplace, any available
drug counseling, rehabilitation, and employee assistance and member support services,
and the penalties that may be imposed for drug abuse violations.
d. Grantee Non-Compliance. The Grantee is subject to suspension, termination or
debarment proceedings for failure to comply with the Drug-Free Workplace Act.
e. Non-Discrimination and Confidentiality Laws. In implementing the Drug-Free
Workplace Act, the Grantee must adhere to federal laws and its Grant assurances related
to alcohol and substance abuse non-discrimination and confidentiality.
31. NON-DISCRIMINATION.
a. Assurances. The Grantee must assure that its program or activity, including those of
its subgrantees, will be conducted, and facilities operated, in compliance with the
applicable statutes set forth below, as well as with their implementing regulations. The
Grantee must obtain an assurance of such compliance prior to extending Federal financial
assistance to sub�rantees. The i.J.S. Government shall have the right to seek judicial
enforcement of these assurances.
b. Discrimination Prohibited. A person, including a member, a community beneficiary,
or Program staff, may not, on the grounds of race, color, national origin, sex, age,
political affiliation, disability, or religion (except as noted below) be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination,
directly or through contractual or other arrangements, under any program or activity
receiving federal financial assistance. The prohibition on discrimination on the basis of
disability protects otherwise qualified individuals with disabilities. The prohibition
against discrimination on the basis of religion with respect to Program staff applies only
to Program staff paid with Corporation funds but excludes staff paid with Corporation
funds who were already employed by the Grantee on the date the Corporation grant was
awarded.
This prohibition against discrimination includes but is not limited to:
Final — February 2004 42
ATTACHMENT III
i. Denying an opportunity to participate in, benefit from, or provide a
service, financial aid, or other benefit;
ii. Providing an opportunity which is different or provided differently;
iii. Denying an opportunity to participate as a member of a planning or
advisory body integral to the program;
iv. Segregatin� or subjecting a person �o separate �reatment;
v. Providing an aid, benefit, or service to a qualified disabled person that is
less effective in affording opportunity to obtain the same result, gain the
same benefit, or reach the same level of achievement;
vi. Denying a qualified disabled person the opportunity to participate in
integrated programs or activities, even though permissibly separate or
different programs or activities exist;
vii. Restricting a person's enjoyment of an advantage or privilege enjoyed by
others;
viii. Providing different or separate aid, benefits, or services to disabled
persons unless necessary in order to provide them as �effectively as
provided to others;
ix. Treating a person differently in determining admission, enrollment, quota,
eligibility, membership or other requirements;
x. Using criteria or administrative methods, including failing to provide
needed auxiliary aids for disabled persons, which have the effect of
subjecting persons to discrimination, or defeating or substantially
impairing achievement of the objectives of the program for a person;
xi. Selecting a site or location of facilities with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under the program;
xii. Denying a qualified disabled person a benefit, aid, or participation because
facilities whose groundbreaking occurred after May 30, 1979 are
inaccessible to or unusable by disabled persons or because programs or
activities in facilities predating May 30, 1979, when viewed in their
entirety, are inaccessible to or unusable by disabled persons; and
xiii. Failing to provide reasonable accommodation to otherwise qualified
individuals with disabilities. The Corporation's "Civil Rights Statement
Regarding Volunteers, Service Participants and Other Beneficiaries," and
its "Policy Against Sexual, Racial, National Origin, or Religious
HarassmenY' which include additional discrimination prohibitions are
attached and incorporated herein.
c. Public Notice of Nondiscrimination. The Grantee must notify members. communitv
beneficiaries, applicants, Program staff, and the public, including those with impaired
vision ar hearing, that it operates its program or activity subject to the nondiscrimination
requirements ofthe applicable statutes. The notice must summarize the requirements,
n�te the availability of compliance information from the Grantee and the C'orporation.
and briefly explain procedures for filing discrimination complaints with the Corporation.
Sample language is:
Final — February 2004 43
ATTACHMENT III
It is against the law for organizations that receive federai financia! 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 unlawfui 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. If you believe that you or
others have been discriminated against, or if you want more information, contact:
(Name, address, phone number — both voice and TDD, and preferably toll free —
FAX number and e-mail address of the Grantee) or
Equal Opportunity Office
Corporation for National and Community Service
1201 New York Avenue, N W
Washington, D.C. 20525
(202) 606-5000, ext. 312 (voice); (202) 565-2799 (TDD)
(202) 565-2816 (FAX); eoL�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.
d. Records and Compliance Information. The Grantee must keep records and make
available to the Corporation timely, complete and accurate compliance information to
allow the Corporation to determine ifthe Grantee is complying with the civil rights
statutes and implementing regulations. Wherc a Grantee e�tcnds fcderal financial
assistance to subgrantees, the subgrantees must make available compliance information
to the Grantee so it can carry out its civil rights obligations.
The Corporation will provide specific guidance regarding records and compliance
information. At a minimum, the Grantee should have available racial, ethnic, sex, and
disability data regarding members/applicants, service recipients/applicants and Program
staff/applicants. This data should be sufficient to measure the distribution of benefits to
the eligible population and evaluate the services provided to the different segments ofthe
population being served. Data on members and Program staff should be gathered, on a
voluntary basis, directly from the individuals. Data on service recipients may be gathered,
estimated, or based on census or other statistics. Racial and ethnic data should be
gathered for the following categories:
Final — February 2004 44
ATTACHMENT III
• Hispanic/Latino/Spanish culture or origin or non-HispaniclLatino/Spanish culture
or origin (one or the other) and one or more of the following:
• American Indian or Alaska Native
• Asian
• Black or African American
• Native Hawaiian or Other Paciftc Islander
• White
e. Obligation to Cooperate. The Grantee must cooperate with the Corporation so that
the Corporation can ensure compliance with the civil rights statutes and implementing
regulations. The Grantee shall permit access by the Corporation during normal business
hours to its books, records, accounts, staff, members, facilities, and other sources of
information as may be needed to determine compliance.
f. Discrimination Complaints, Investigations and Compliance Reviews. The
Corporation may review the practices ofthe Grantee to determine civil rights compliance.
Any person who believes discrimination has occurred may file a discrimination
complaint with the Corporation's Equal Opportunity Office. The Grantee may not
intimidate, threaten, coerce, or discriminate against an individual to interfere with a right
or privilege secured by the civil rights acts or because the person made a complaint,
testified, assisted or participated in any manner in an investigation, proceeding, or
hearing. The Corporation will keep the identity of complainants and witnesses
confidential except as necessary to conduct an investigation, hearing; or judicial
proceeding.
The Corporation will investigate whenever a compliance review, report, complaint, or
other information indicates a possible failure to comply with the statutes and their
implementing regulations. If an investigation indicates a failure to comply, the
Corporation will so inform the Grantee and any applicable subgrantees and will attempt
to resolve the matter by voluntary means. If the matter cannot be resolved by voluntary
means, the Corporation will initiate formal enforcement action.
Discrimination complaints may be raised through the Grantee's grievance procedure. Use
of the Grantee's grievance procedure may not be a required precursor to filing a federal
discrimination complaint with the Corparation. Use of the Grantee's grievance procedure
does not preclude filing a federal discrimination complaint. The Grantee's grievance
procedure should advise members that use ofthe grievance procedure does not stop the
running of Corporation time frames for filing a discrimination complaint with the
Corporation. In all cases where discrimination allegations have been raised with the
Grantee, the Grantee must submit a written report to the Corporation's Equal Opportunity
Office, which has review authority over the investigation and disposition of all
discrimination complaints.
g. Self-Evaluation Requirements. The Grantee must comply with (1) the self-evaluation
requirements under section 504 ofthe Rehabilitation Act regarding accessibility for
individuals with disabilities; (2) the self-evaluation requirements of the Age
Final — February 2004 45
ATTACHMENT III
Discrimination Act of 1975; and (3) the self-evaluation requirements under title fX of the
Education Amendments of ] 972 regarding discrimination based on sex. Guidance
regarding the self-evaluation requirements may be obtained from the Corporation's Equal
Opportunity Office, 1201 New York Avenue, NW, Washington, D.C. 20525, (202) 606-
5000, ext. 312 (voice); (202) 4565-2799 (TDD); (202) 565-2816 (FAX); or eo@,cns.gov
(e-mail).
h. Applicable Statutes. In accordance with its assurances, the Grantee must comply with
all federal statutes relating to non-discrimination to the extent applicable, including, but
not limited to titles VI and VIII of the Civil Rights Act of 1964 (42 U.S.C. 2000d and
3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title 1X of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) the Age Discrimination Act
of 1975 (42 U.S.C. 6101 et seq.), the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), the Public Health Service Act of 1912 (42
U.S.C. 290dd-3 and 290ee-3), and the requirements of any other non-discrimination
provision in the National and Communit} Service Act of 1990, (42 t1.S.C. 1�635) or an��
other applicable non-discrimination provision.
32. THE OFFICE OF INSPECTOR GENERAL
The Corporation's Office of Inspector General (OIG) conducts and supervises independent and
ubjcctivc 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 also 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 lnformation 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-�000, extensiun
390.
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
investi�a�ive 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 1-800-452-8210. Following notification to OIG, grantees
should also inform the respective program and grants officers of the facts and circumstances
surrounding these incidents.
33. SUPPLEMENTATION, NON-DUPLICATION AND NON-DiSPLACEMENT.
Final — February 2004 46
ATTACHMENT III
a. Supplementation. Grant funds may not be used to replace state or local public funds
that have been used to support Programs or projects of the type eligible to receive
Corporation Grant funds. For any given Program, this condition will be satisfied if the
aggregate non-federal public expenditure for that Program or project in the fiscal year
that support is to be provided is not less than the previous fiscal year.
b. Non-Duplication. Grant funds may not be used to duplicate services that are available
in the locality of a Program or project. The Grantee may not conduct activities that are
the same or substantially equivalent to activities provided by a state or local government
agency in which the Grantee entity resides.
c. Non-Displacement.
i. Prohibition on Displacing an Employee or a Position. The Grantee may
not displace an employee or position, including partial displacement such
as reduction in hours, wages or employment benefits, as a result of the use
by such employer of a member in a Program or project.
ii. Prohibition on Promotional Infringement. The Grantee may not create a
community service opportunity that will infringe in any manner on the
promotional opportunity of an employed individual.
iii. Prohibition on Displacing Employee Services, Duties or Activities. A
member in a Program or project may not perform any services or duties, or
engage in activities that would otherwise be performed by an employee, as
part of the assigned duties of such employee.
iv. Prohibition on Supplanting, Hiring or Infringing on Recall Rights. A
member in a Program or project may not perform any services or duties, or
engage in activities, that:
a. Will supplant the hiring of employed workers; or
b. Are services, duties or activities with respect to which an individual
has recall rights pursuant to a collective bargaining agreement or
applicable personnel procedures.
v. Other Prohibitions. A member in a Program or project may not perform
services or duties that have been performed by or were assigned to any:
a. Currently employed worker;
b. Employee who recently resigned or was discharged;
c. Employee who is subject to a reduction in force or who has recall
rights pursuant to a collective bargaining agreement or applicable
personnel procedures;
d. Employee who is on leave (terminal, temporary, vacation, emergency
or sick); or
e. Employee who is on strike or is being locked out.
Final — February 2004 q�
ATTACHMENT III
34. GRIEVANCE PROCEDURE.
a. Setting Up a Grievance Procedure. In accordance with 42 U.S.C. 12636 and
implementing regulations at 45 C.F.R. 2540.230, the Grantee must establish and
implement a process for filing and adjudicating grievances from members, labor
organizations and other interested parties. A grievance process may include dispute
resolution programs such as mediation, facilitation, assisted negotiation and neutral
evaluation. A grievance process must provide an opportunity for a grievance hearing and
binding arbitration. If the grievance alleges fraud or criminal activity, it must be brought
to the attention of the Inspector General of the Corporation immediately. Discrimination
complaints may also be raised through the grievance procedure.
b. In the event that a Sub-Grantee of a direct Grantee of the Corporation is no longer in
esistence oi� utherwise does not provide a grievance procedure that complies with this
Provision, the direct Grantee is responsible for handling any grievance in accordance
with 45 C.F.R. 2540.230.
c. Alternative Dispute Resolution.
i. Informal Resolution. The aggrieved party may seek resolution of a grievance
through alternative means of dispute resolution (ADR) such as mediation or
facilitation. ADR proceedings must be initiated within 45 calendar days of the
date of the alleged occurrence. At the initial session of the ADR proceedings, the
party must be advised in writing of the right to file a grievance and right to
arbitration. If the matter is resolved, and a written agreement is reached, the party
will agree to forego filing a grievance on the matter under consideration.
ii. Neutral Facilitation. IiADR is instituted, the process must be aided by a neutral
party who, with respect to an issue in controversy, functions specifically to aid the
parties in resolving the rriatter through a mutually achieved and acceptable written
agreement. The neutral party may not compel a resolution. Proceedings before the
neutral party must be informal, and the rules of evidence will not apply. With the
exception of a written and agreed-upon ADR, the proceeding must be
confidential. Any decision by the neutral party is advisory and is not binding
unless both parties agree. 1f the grievance is not resolved within 30 calendar days
of initiation, the neutral party again must inform the aggrieved party of his or her
right to file a formal grievance.
d. Formal grievance proceeding.
i. Time Limits. Except for a grievance that alleges fraud or criminal activity, a
grievance must be made no later than one year after the date of the alleged
occurrence. If a hearing is held on a grievance, it must be conducted no later than
30 calendar days after the filing of such grievance. A decision on any such filed
grievance must be made no later than 60 days after filing.
ii. Effect of Informal Process. In the event an aggrieved party files a grievance after
participating in an informal dispute resolution process, the neutral party may not
participate in the formal grievance proceeding. In addition, no communication or
Final — February 2004 qg
ATTACHMENT III
proceeding of the informal dispute resolution process may be referred to or
introduced into evidence at a grievance or arbitration proceeding.
e. Arbitration.
i. Selection of Arbitrator. If there is an adverse decision against the party who
filed the grievance, or no decision has been reached after 60 calendar days
after the filing of a grievance, the aggrieved party may submit the grievance to
binding arbitration before a qualified arbitrator who is jointly selected and
who is independent of the interested parties. If the parties cannot agree on an
arhitrator, within 1 5 calendar days after receivinb a request from one of the
parties, the Corporation will appoint an arbitrator from a list of qualified
arbitrators.
ii. Time Limits. An arbitration proceeding must be held no later than 45 days
after the request for arbitration, or if the arbitrator is appointed by the
Corporation, the proceeding must occur no later than 30 calendar days after
the arbitrator's appointment. A decision must be made by the arbitrator no
later than 30 calendar days after the date the arbitration proceeding begins.
iii. Cost. In accordance with 42 U.S.C. 12636( fl(4) (D), the cost of the
arbitration proceeding must be divided evenly between the parties to the
arbitration unless the party requesting a grievance proceeding prevails. If the
grievant prevails, the Grantee must pay the total cost of the proceeding and
reasonable attorney's fees of the prevailing party incurred in connection with
the ADR proceeding.
iv. Effect of Noncompliance with Arbitration. Pursuant to 42 U.S.C. 12636(�
(7), a suit to enforce an arbitration award may be brought in any federal
district court having jurisdiction over the parties without regard to the amount
in controversy or citizenship.
f. Suspension of Placement. If a grievance is filed regarding a proposed placement of a
member in a Program or project, such a placement must not be made unless the
placement is consistent with the resolution of the grievance.
g. Remedies. Remedies for a grievance filed under a procedure established by the
Grantee may include:
i. Prohibition of a placement of a member; and
ii. In grievance cases where there is a violation of non-duplication or non-
displacement requirements and the employer of the displaced employee is the
Grantee�
a. Reinstatement of the employee to the position he or she held prior to
the displacement;
b. Payment of lost wages and benefits;
c. Re-establishment of other relevant terms, conditions and privileges of
employment; and
:i. Any uther eyuitable relief that is necessary to correct any violation oF
the non-duplication or non-displacement requirements or to make the
displaced employee whole.
Final — February 2004 49
ATTACHMENT III
35. OWNERSHIP AND SHARING OF GRANT PRODUCTS.
a. Ownership. Unless otherwise specified, the Grantee owns and may copyright any
work that is subject to copyright, including software designs, training manuals, curricula,
videotapes and other products produced under the Grant. However, the Grantee may not
sell any work that includes an AmeriCorps logo without prior written approval from the
Corporation.
b. Corporation Use. The Corporation retains royalty-free, non-exclusive, and
irrevocable licenses to obtain, use, reproduce, publish or disseminate products, including
data, produced under the Grant and to authorize others to do so. The Corporation may
distribute such products through a designated clearinghouse.
c. Sharing Grant Products. To the extent practical, the Grantee agrees to make products
produced under the Grant available at the cost of reproduction to others in the field,
36. PUBLICATIONS.
a. Acknuwleclgment of Suppurt. Publicatiuns createcl by members may include at�
AmeriCorps logo ifthey are consistent with the purposes ofthe Grant. The Grantee is
responsible for assuring that the following acknowledgment and disclaimer appears in
any external report or publication of material based upon work supported by this Grant.
"This material is based upon work supported by the Corporation for National 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
official position of, or a position that is endorsed by, the Corporation or the AmeriCorps
Program."
b. Materials Provided to Corporation. The Grantee is responsible for assuring th�t two
copies of any such material are sent to the Corporation's Office of Public Affairs and
Program Office.
37. SUSPENSION OR TERMINATION OF GRANT.
a. Suspension of the (�rant. In an emergency situation the Corporation may suspend a
Grant for not more than 30 calendar days. Examples of such situations may include, but
are not limited to:
i. Serious risk to persons or property;
ii. Violations of federal, state or local criminal statutes; and
iii. Material violation(s) of the Grant or contract that is sufficiently serious
that they outweigh the general policy in favor of advance notice and
opportunity to show cause.
b. Termination of the Grant. Pursuant to 45 C.F.R. 2540.400, the Corporation ma}�
terminate payments under the grant, revoke the designated member positions, or recover
Final — February 2004 50
ATTACHMENT III
Grant funds for failure comply with applicable provisions ofthis Grant. However, the
Corporation will provide the Grantee reasonable notice and opportunity for a full and fair
hearing, subject to the following conditions:
i. Notice. The Corporation will notify the Grantee by letter or telegram that it
intends to terminate payments, revoke positions or recover Grant funds, either in
whole or in part, unless the Grantee shows good cause why such assistance
should not be terminated, revoked or recovered. In this notice, the grounds and
the effective date for the proposed termination or revocation will be described.
The Grantee will be given at least 7 calendar days to submit written material in
opposition to the proposed action.
ii. Right to a hearing. The Grantee may request a hearing on a proposed
termination, revocation or recovery. Upon 5 days notice to the Grantee, the
Corporation may authorize the conduct of a hearing or other meetings at a
location convenient to the Grantee to consider the proposed action. A transcript
or recording must be made of a hearing.
c. The Grantee may suspend or terminate assistance to a Sub-Grantee, provided that such
action affords the Sub-Grantee, at a minimum, the notice and hearing rights set forth in
the Provisions applicable to the Corporation in this section (36).
38. ORDER OF PRECEDENCE.
Should there be any inconsistency among the Grant Award, the AmeriCorps Special Provisions,
the General Provisions, and the approved Grant Application, the order of precedence that will
prevail is (1) Grant Award, (2) the AmeriCorps Special Provisions, (3) the General Provisions,
and (4) the approved Grant Application.
Final — February 2004 51
ATTACHMENT III
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
POLICY AGAINST SEXUAL, RACIAL, NATIONAL ORIGIN,
OR RELIGIOUS HARASSMENT
Our policy is to provide work and service environments free from sexual, racial, national origin,
or religious harassment. Whether in Corporation or grantee offices, in other work- or service-
related settings such as service sites, training sessions, site visits, or at work- or service-related
social events, such harassment is unacceptable.
Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or any
verbal, physical or graphic conduct of a sexual nature when:
(1) submission is explicitly or implicitly a term or condition of employment or service;
(2) submission or rejection is a basis for work or service decisions; or
(3) such conduct has the purpose or the effect of interfering with work or service
performance or creating an intimidating, hostile, or offensive work or service
environment. Slurs and other verbal or physical conduct relating to an individual's race,
national origin or religion also constitute harassment when that conduct's purpose or
effect is to interfere with work or service performance or create an intimidating, hostile,
or offensive work or service environment.
We expect Corporation and grantee supervisory and management personnel to immediately tal<e
appropriate action to prevent or stop any harassment of employees, service participants, or
clients of which they become aware, whether the harassing conduct is by employees, service
participants, or outside individuals such as service site or contractor personnel. Also, we will not
retaliate or tolerate any attempt at retaliation against a person who raises harassment concerns in
good faith. Any Corporation employee who violates our policy against harassment, or asserts a
false claim of harassment with a malicious intent, will be subject to appropriate disciplinary
action, up to and including termination. Any grantee that permits harassment in violation of this
policy will be subject to a finding of noncompliance and administrative procedures that may
result in termination of.federal financial assistance from the Corporation and all other federal
agencies.
Persons who believe they have been subjected to harassment in violation of non-harassment
provisions of applicable laws, regulations or this policy may raise their concerns with our Equal
Opportunity Office. However, claims of unlawful harassment not brought to the attention of our
Equal Opportunity Office within 45 days oftheir occurrence ►nay not be accepted in a formal
complaint ofdiscrimination. Our Equal Opportunity Office may be reached at (202) 606-5000,
extension 312 (voice), (202) 565-2799 (TDD), eo ac:ns.bov, or through
www.nationalservice.org.
We encourage, but do not require, volunteers, service participants, and other beneficiaries to first
bring concerns about harassment to the director or appropriate supervisory personnel of the
program or project. We likewise encourage programs and projects to facilitate prompt resolution
of these concerns.
Directors of all programs and projects are requested to provide a copy of this policy to all
volunteers or service participants.
Final — February 2004 52
ATTACHMENT III
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE CIVIL RIGHTS
STATEMENT REGARDING VOLUNTEERS, SERVICE PARTICIPANTS
AND OTHER BENEFICIARIES
We continue to maintain the policy stated in our June 6, 1994 Civil Rights Statement:
Recognizing that the fabric of our society is strengthened by the diversity of its citizens, the
policy of the Corporation for National and Community Service is to ensure a mutual respect for
all differences am�,n`� us, participation in the Corporation and its programs and projects will be
based on merit and equal opportunity for all, ���ithout rebard to factors such as race, color,
national origin, sex, sexual orientation, religion, age, disability, political affiliation, marital or
parental status, military service, or religious, community, or social affiliations. By adhering to
this policy, the Corporation will be able to foster civic responsibility, strengthen the ties that bind
us together as a people, and provide educational opportunity for those who make a substantial
commitment to service.
This policy applies to programs and projects we conduct, as wel] as those receiving federal
financial assistance from us. For civil rights purposes, all programs and projects funded or
receiving volunteers or service participants under the National and Community Service Act, as
amended, or the Domestic Volunteer Service Act, as amended, are programs or activities
receiving federal financial assistance. Any grantee found to have unlawfully discriminated
against a volunteer, service participant, client, employee or beneficiary of such a program or
project will be subject to a finding of noncompliance and administrative procedures which may
result in termination offederal financial assistance from the Corporation and all other federal
agencies.
Any volunteer, service participant, client, employee or beneficiary of a program or project who
believes he or she has been subjected to discrimination in violatior� of nondiscrimination
provisions of applicable laws, regulations or this policy may raise his or her concerns with the
Corporation's Equal Opportunity Office. However, discrimination claims not brought to the
attention of our Equal Opportunity Office within 45 days of their occurrence may not be
accepted in a formal complaint of discrimination. Our Equal Opportunity Office may be reached
at (202) 606-5000, extension 312 (voice), (202) 565-2799 (TDD), eo@cns.gov, or through
www.nationalservice or .
The Corporation's Equal Opportunity Office attempts to resolve concerns about discrimination
promptly and when possible uses an informal conciliation process to do so. We encourage, but
do not require, volunteers, service participants, and other beneficiaries to first bring concerns
about discrimination to the director or appropriate personnel of the program or project. We
likewise encourage directors of programs and projects to facilitate prompt resolution of these
concerns.
Directors of all prograins and projects are requested to provide a copy of this policy to all
volunteers or service participants.
Final — February 2004 53