HomeMy WebLinkAbout5433ORDINANCE NO. 5 4 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT OF ONE
HUNDRED EIGHTY-NINE THOUSAND FORTY-EIGHT DOLLARS ($189,048)
FROM THE WASHINGTON SERVICE CORPS TO PROVIDE AND OPERATE
THE AUBURN AMERICORPS TEAM; PROVIDE AN IN-KIND MATCH OF
SIXTY-THREE THOUSAND SEVEN HUNDRED TWO DOLLARS ($63,702)
AND A CASH MATCH OF FIVE THOUSAND DOLLARS ($5,000); AND
AUTHORIZE THE MAYOR TO IMPLEMENT THE NECESSARY
ADMINISTRATIVE PROCEDURES.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to chapter 35A.33RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES HEREBY ORDAIN THE FOLLOWING:
SECTION 1: Purpose. Pursuant to Chapter 35A33 RCW the City
Council hereby accepts a grant of $189,048 from the State of Washington
Employment Security Department's Washington Service Corps to provide and
operate the Auburn AmeriCorps Team and deposits said grant funds into the
City of Auburn's general fund.
SECTION 2: Approximately $98,267 of the above grant is personnel
costs for the AmeriCorps members. These member costs are administered by
the Washington Service Corps. The Washington Service Corps pays $93,267
of the cost for the AmeriCorps members and the City pays for the remaining
$5,000 of member costs. A copy of said grant agreement is attached hereto as
Exhibit "1" and incorporated herein by this reference.
Ordinance 5433
August 29, 2000
Pagel
SECTION 3: The remaining $90,781 of the grant is operating costs
incurred by the City of Auburn out of which the Washington Service Corps
reimburses $27,079 and the remaining $63,702 is an in-kind match provided by
the City of Auburn. Approximately $19,587 or 31% of the in-kind match is
donated to the City in the form of supervision and supplies provided by
participating non-profit agencies and the Auburn School District. The remaining
$44,115 or 69% will be absorbed by the City in the form of indirect
administrative support ($8,500); in-kind salary and fringe benefits provided by
participating City staff ($32,440); and miscellaneous supplies and materials
($3,175).
SECTION 4. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Ordinance 5433
August 29, 2000
Page 2
SECTION 5: Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
SECTION 6: Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as
provided by law.
INTRODUCTION
September 5, 2000
PASSED: September 5, 2000
APPROVED: September 5, 2000
CHARLES A. BOOTH,
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
A -PROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance 5433 "
August 29, 2000
Page 3
NON-JTPA EMS690-A
EMPLOYMENT SECURITY DEPARTMENT CONTRACT CLEARANCE SHEET
ONLY FULLY COMPLETED FORMS WILL BE ACCEPTED AND PROCESSED. SEE REVERSE SIDE FOR RCW 39.29 INSTRUCTIONS
REVIEWERS: PLEASE RETURN CONTRACT DOCUMENTS TO THE CONTRACTS OFFICE (MS: 6000) UPON COMPLETING AND SIGNING THE CLEARANCE FORM BELOW.
ESD CONTRACT # 01-01 O-G OTHER PARTY # MODIFICATION #
I. PROGRAM NIANAGRR Tn rnkivT rTV T[.TC rnT T nwiwln.
rav WN I KA(.T NAME W CURRENT PROJECT CODE ? N/A
OTHER P START DATE Scotember 1. 2M END DATE: A 1
ARTY INFORMATION IF MODIFICATION
S CHANGE
ORGANIZATION NAME City of Auburn ,
TOTALS 7
CONTACT PERSON it vi I
ADDRESS 25 W
i SOURCE OF FUNDS PROJECT CODE & NAME) : AmeriCo s•USA
. Ma
n
A n W 98001
BILLING INFORMATION:
FAX HHON#E # (253-804-5029
P
• METHOD: ? Invoice ? Ltr. Of Credit/EFT El Other
l • FREQUENCY ? Monthly ? Quarter
y
TAX [D # 41-6001228 ? Systems ? Cost Center
CERTIFIED ? MINORITY
El WOMEN • DUE DATE:
? BOTH
® NONE CLOSEOUT REQUIRED ? YES ? NO DUE DATE:
OMWBE CERTIFICATION #
OFM FILING ? YES ® NO ESD ® EXPENDS FUNDS OR
? RECEIVES FUNDS (Attach Form 595) FTE #
CONTRACT ? FIXED UNIT ? HYBRID ? INCREASE FROM CURRENT FTE LEVEL?
® GRANT [I COST REIMBURSEMENT (Explain in Comments Section)
C3 NON-FINANCIAL
? OTHER REQUESTED
A (
? BOTH H F&P!A&M) ? F&P ONLY
(If other than both, explain in Comments Section)
REQUESTED COST CENTER OVERHEAD ALLOCATION
? YES ? NO
(If no, explain in Comments Section)
IS DATA BEING SHARED? ? YES ® NO WHICH DIVISIONS ARE IMPACTED BY SHARING DATA? (Identify)
IF YES, WHICH DATA? (Specify)
As the Program Manager, I certify that there was no conflict of Interest in the procurement, award or administration of this contract/or modification. I further state that the contract/modification
has been
cleared through the Program Manager's division and other affected divisions prior to submission to the Contracts Office.
PROGRAM MANAGER'S PRINTED
ESD PROGRAM MANAGER SIGNATURE
BRIEF, BUT CLEAR DESCRIPTION OF C(
FAP Code: Fund Appropriation Program
Fund Ledger Code: 3977 Fund Ledger Name: _WA AmeriCorps CNCS
Project Code: 3835 Project Code Name: WSC - Auburn AmeriCorps
PHONE # 438-4007
FAX # 360-438-3113
11. CLEARANCE ROUTING PROCEDURE:
REVIEWERS: Please supply The required information, sign and data where indicated. Any comments/problems should be indicated in the space provided below.
RETURN THE DOCUMENTS TO THE CONTRACTS OFFICE, MAILSTOP: 6000.
DIVISION/REGION/OFFICE Date
'-. CONTRACTS OFFICE Date
3. OFFICE OF INFORMATION SERVICES (Information Technology Only) Date
1. FINANCE: Budget Office Date Fiscal Date
Revenue Code:
Comments:
ATTORNEY GENERAL _
OTHER:
DIVISION J
Fiscal Year Indicator: _00 Billing Frequency
Date:
Date:
III COMMENTS/PROBLEMS/SPECIAL INSTRUCTIONS:
OTHER SIDE MUST BE COMPLETED PRIOR TO CLEARANCE
IF YOU HAVE CONTRACT QUESTIONS, CALL THE CONTRACTS OFFICE AT (360) 438-4008, FAX (360) 438-3226.
IF YOU HAVE ACCOUNTING QUESTIONS, CALL THE SYSTEMS OFFICE AT (360) 902-9727, FAX (360) 902-9520
IF YOU HAVE BUDGET QUESTIONS, CALL THE BUDGET OFFICE AT (360) 902-9424, FAX (360) 902-9427
EMS690 140-A (Rev 12/96) OZ A-196 7540-032-719
NON-JTPA CONTRACTS AWARDED BY ESD
NO PERSONAL SERVICE CONTRACT MAY BE INTERED INTO WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF FINANCIAL MANAGEMENT (OFM).
WHERE NECESSARY, PERSONAL SERVICES MAY BE PROCURED ONLY TO RESOLVE A PARTICULAR AGENCY PROBLEM OR ISSUE OR TO EXPEDITE
SPECIFIC PROJECT THAT IS TEMPORARY IN NATURE, ESD MAY PROCURE PERSONAL SERVICES ONLY IF IT DOCUMENTS THAT: (l) THE SERVICE IS
CRITICAL TO ESD RESPONSIBILITIES OR OPERATIONS OR IS MANDATED BY THE LEGISLATURE, (2) SUFFICIENT STAFFING OR EXPERTISE IS NOT
AVAILABLE WITHIN ESD, AND (3) OTHER QUALIFIED PUBLIC RESOURCES ARE NOT AVAILABLE TO PERFORM THE SERVICE.
A Pursuant to RCW 39.29 "competitive solicitation" (formal advertised request for proposal) is required for personal service contracts of $10 000 or-more.
1. Was this contract awarded through a formal competitive solicitation? ® Yes ? No If yes, attach copy of request for proposal. If no, see Section C Below.
B. Pursuant to RCW 39.29 "evidence of competition" (informal written solicitation document rather that telephone solicitation) is required for contracts which in ftgridently
or when combined with other contracts with the contractor within the state fiscal year are valued at S2 500 or more but less than S10.000. Responses must be solicited
from not less than three contractors. Contact the Contracts office to determine if other contras with the contactor exist.
Prior to deciding to award this contract to the selected contractor, were contractors contacted in writing for proposals, bids or quotes? ® Yes ? No
(If no, see Section C below.)
* If yes, which contractors were contacted? -Legal notices were published.
* What selection criteria were used? A formal RFP Process was used.
* Based on the selection criteria set forth in the section above, why was the contractor selected?
If the contract is being awarded without competitive solicitation or evidence of competition, is it: ? an interagency agreement ? under $2,500
? sole source (unique service) ? emergency?
1. If sole source, describe how the services are truly unique:
2. If sole source, explain why competition would have been futile or inappropriate:
3. Evidence that ESD attempted to identify potential contractors by advertising through statewide or regional newspapers is required for sole source contracts valued at
$10,000 or more. List newspapers in which potential contractors were solicited:
4. If sole source, explain how it was determined that the costs, fees or rates negotiated are reasonable:
5. If for emergency services, explain. (Emergency is defined as a set of unforeseen circumstances beyond the control of the agency that either present a real, immediate
threat to the proper performance of essential functions or my result in material loss or damage to property, bodily injury, or loss of life if immediate action is not
taken.)
NOTE: Contracts required to be files with OFM can separated into five categories: (1) Sole source contracts which independently or when combined with other contracts with
the contractor equal or exceed $2,500 and are less than $10,000 within a state fiscal year, (2) Sole source contracts which independently or when combined with other contracts
with the contractor equal or exceed $10,000 within a state fiscal year, (3) Contracts for management consulting, organizational development marketing, communications,
employee training, and employee recruiting which if considered independently are valued at $10,000 or more whether competitively bid or sole sourced, (4) Competitively bid
contracts valued at $10,000 or more, (5) Contracts and amendments which singly or cumulatively exceed $100,000 with a single firm or individual within a state biennium, or
(6) Contract amendments which singly or cumulatively exceed 50% of the vlue of the original contract and/or contract amendments, which substantially change the scope of
work. Any contract in categories 2, 3 ,5, and 6 MUST BE FILED WITH OFM AND WILL NOT BECOME LEGALLY BINDING UNTIL OFM HAS APPROVED IT. Allow
OFM ten (10) business days for the approval or disapproval process.
If you have contract questions, call the Contracts Office at (360) 438-4008. If you have accounting questions, call the Systems Office at (360) 902-9727.
If you have budget questions, call the Budget Office at (360) 9029424.
CFDA # 94.006
Grant Number: 01 D10-G
Grant Amount: $$27,079
Funding Source: WCNCS (3835)
GRANT AGREEMENT BETWEEN
STATE OF WASHINGTON
Employment Security Department
And
City of Auburn
This Agreement is made and entered into by and between the Washington State Employment Security
Department (hereinafter called the "DEPARTMENT'), located at 605 Woodland Square Loop SE, Lacey,
Washington, and the City of Auburn (hereinafter called the "GRANTEE"), located at:
25 W. Main
Auburn, WA 98001.
The GRANTEE staff member responsible for management of this agreement is:
Name: Bill Mandeville
Phone Number: 253-804-5029
It is the purpose of this agreement to operate a team-based national service program in partnership with the
Washington Service Corps, a member of the AmeriCorps National Service Network.
In consideration of the terms and conditions contained herein, or attached and incorporated and made a part
hereof, the parties agree as follows: I
STATEMENT OF WORK
The GRANTEE shall fulfill the objectives and carry out the components of each objective as outlined in
Exhibit "A". The GRANTEE shall fumish the necessary personnel and services and otherwise do all things
necessary for or incidental to the performance of the work set forth in the Exhibit "A" and the Program Budget
attached hereto as Exhibit "B" and incorporated by reference herein. The GRANTEE will ensure attendance
of team members and supervisor(s) at member development institutes, and cooperate with evaluation and
continuous improvement efforts. The GRANTEE shall submit an Evaluation Plan for approval by October 1,
2000, into the web based reporting system known as ROLES (Reports: On-Line Evaluation System).
TERMS AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed by the Terms and
Conditions contained in the text of this Contract instrument, AmeriCorps Grant Provisions (and as they may
be amended by the Corporation for National and Community Service) attached hereto as Exhibit "C, the
Washington Service Corps Grant Provisions (and as they may be amended by the Department) attached
hereto as Exhibit "D" and the Employment Security Department General Terms and Conditions attached
hereto as Exhibit "E" and each are incorporated by reference herein.
PERIOD OF PERFORMANCE
Regardless of the date of execution, the beginning date of this Agreement shall be September 1, 2000 and all
rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and
conditions contained in the text of this agreement for that period between September 1, 2000 and the date of
execution of this agreement, and be completed on August 31, 2001 unless terminated sooner as provided
herein.
REPORTING
The GRANTEE will-comply-with requests from the DEPARTMENT including but not limited to status report(s)
on activity on a quarterly basis or as requested by the Corporation for National and Community Service
and/or the Washington Commission for National and Community Service, as well as timely submission of
reports including documenting member attendance and hours of service.
PAYMENT SCHEDULE
The DEPARTMENT shall pay an amount not to exceed $27,079 for the performance of all things necessary
for or incidental to the performance of work as set forth in Exhibit "A". Satisfactory progress toward
accomplishment of program objectives, as demonstrated in monitoring and quarterly reports, must be made
or payment may be delayed or denied.
BILLING PROCEDURE
The GRANTEE shall submit match reports and invoices on at least a quarterly basis for services performed
under this Contract on an Invoice Voucher (Form A-19) prepared in duplicate (original and one copy).
Invoices shall include such information as is necessary for the DEPARTMENT to determine the exact nature
of all expenditures. The final invoice must be received by the DEPARTMENT by sixty days following the
termination of this agreement.
Each invoice will clearly indicate that it is "FOR SERVICES RENDERED IN PERFORMANCE UNDER ESD
GRANT NUMBER -01-010-G- (3835)." The original and one copy of each invoice voucher shall be
submitted to:
Employment Security Department
Attention: Washington Service Corps
P.O. Box 9046
Olympia, Washington 98507-9046
GRANT MANAGEMENT
The DEPARTMENT's Program Manager, Nancy Pringle, or her designee or successor shall provide the
GRANTEE the assistance and guidance necessary for the performance of this agreement. The Program
Manager shall be responsible for the review and acceptance of the GRANTEE's performance and invoices.
ORDER OF PRECEDENCE
In the event of an inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order:
1 } Applicable Federal and State Statutes and Regulations (which may include OMB Circular 133, and
Public Law 104-156 [1996 amendments to the Single Audit Act]);
2) Those Special Terms and Conditions as contained in the basic agreement instrument;
3) AmeriCorps Terms and Conditions attached hereto and incorporated by reference herein;
4) The General Terms and Conditions attached hereto and incorporated by reference herein;
5) The Statement of Work attached hereto and incorporated by reference herein; and
6) Any other provisions of the Contract whether incorporated by reference or otherwise.
DEBARMENT AND SUSPENSION
By executing this Contract,-the GRANTEE certifies to the DEPARTMENT that it is not debarred, suspended,
or otherwise excluded from or ineligible for, participation in Federal Assistance programs under Executive
Order 12549 "Debarment and Suspension." The GRANTEE certifies that it will not contract With a
subcontractor that is debarred or suspended.
ALL WRITINGS CONTAINED HEREIN
This agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of
the parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement.
City of Auburn
Charles A. Booth, Date
Mayor
IRS#/SSA# 91-6001228
Attachments:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
APPROVED AS TO FORM ONLY
Date
Assistant Attorney General
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
Program Objectives
Program Budget
AmedCorps Grant Provisions
WSC Grant Provisions
ES General Terms and Conditions
OVID TO FORM:
?( 1Michael J. Reynolds,
City Attorney
Q
~
~
N
~
=
=
N
C ~
0
N
~
E ~
~ o
~ C
~ E
O ~
~ N
0 ~
7
;
s
d
v
N
5
~ N
v ~
t ~
~
~ Q
$ iO
~
v
~
~ o
E
~
.C ~
o _
S v
~ N
Q v
~
y ~
~
~
~ V
L;j
a or
°
0
2:
Lli
~
N
tQ
V/
w V
C "
U ~
a
a C13
Q o
J
M (D
J
00
C
N
~
'
a
~
°
c n.
o ~
y
o o
.
G:l
a
v
= E y
sL
N
U
eC
Q y V
`
O s V
a
ans
a
~
u
Q
F-
C
Q'
U
L ~ ~
~ ~
Q
Q
y ~ ~
~ q
t
C4
~ N y
L
~
3
~ ~'na
•
' y
E
O
U ~
•
~ ~
~
y
y R RS
4r ~
y
y V
~
C
lC
L
y
C~
~1
C
Q SI C
y E
L:
.
c?
G:d
u
m
~ _
-N Q
~
~
o
t V •
Y
U
u
°
: y as
r
rA y
~ y
~
o ~
H aU
y e
~
ul
~
c
H
?~a
E
•
v
H c
>
~
~
a
~
~
~
°
U
.
•
U
=
~ is
c m
L .
V
~
~ Uao
~ C
~
~ y N
3 q
C cLi
3 3
O e0
1
to~ c
O
u
O C
a3
v
-
L
\
~
O
O
~ u
~
vy
N vvi o0
L
O~
O 00
O'C .
t7
~ C
y v
=
o
a~
E
~ ~
~ ~
a
.v C
O
O 3
Y O
10 0
O
O
G
G
~
w
~ a
c.
i
u
v
E ~
_ as
•
~
r
~ .
~ y
y
~
40
. C~
C
~
y
V
.3 3
Q C
.-3 ~ ~
~
°
,3
ca
3 a
•
c
~
Q1
~
a~ O
a a~
a~ ~
~ o` a.5
~ a3
~r
L 00
~.c
~
G'
C L N ~
~C N
G
~ O
E 6J
m
N V
E' u
y ~ y~
E'
~
a
~
V•E
•
U o CL.?
U a~
Ut:
L
~
0 "
E >
4j y ° 2
E m~
u ~
u E
=
~
~
a
E u
a.~
E u
Q
~
Q
O
0
~
0
~
0
z
0
C
0
U
C~
O
a
0
cn
C
m
a
Q
m
~
m
Q
m
~
E
d
~
t- N "
` a ~a
O
u U aci
E
4 ~ o
U ¢ u
>
C O ~
R
:a v"`',
n
` U
00 ~
N C
Y
N H
O ~ cu
~ U
C C
c "
u ~ a
C y ~
Q C N ~
t~.
7 ~ V Y
v~i
~ V
y y ~
~ a a~ ci
c L
0 N =
N 0
•
0
v
V
•U ~ ` V
C 3 E E
c
L E
~
y ~ .C o0
ai
~ e e
u.E
E
y L Q
u
E- U ~
V y . c e~oi
C _ R
~
¢ M1Ci.~.G
u u
¢ ~ E E
C
U
C Q
v O
~
N Y1
~ ~
v E
y o i
~73
y c
> U y
CJ
_V
N
F p
O y
u
c
U ~
~
O co
j E
C
~
Z v
c
4u
J
Q~
„~o
- O
. Cc
3
t,(Uj N
y~
6i y
o ~
•
p
~ v
~ 03
L ~
O C ~
~ C
V ~
y y
0
C•L ~
O
U
~
O
y V
y
~ G
U X~
'
c3 ~
s CO
o
Q
` 'u C
s
C i
Q O
~
y
'
N
=
~
~Q ~
a
U ~ q
0
N
~
a
~
~
~
•
y
,3
~
~
~
i1
~
~
y .
Q =
C ~
e
y
~
v
~
~a
3•
~ o-
s?
3 ~ ~
o~
L~.
a~ t y _
j~
Q
C
r a~
t
~
a ~
v~
O
•
e
rn
v
c
i
~ O
O
y L y
V
`e = .
U
~ E
O~
_
in O
y ` •
ay ~
y
j
O E~
L 3
N O•C
U
'C Q
.
m
C
y
V ~
~
N
lQ ~
s
cs
.
Q
~ u
~
u L
O •
s
L
l4 ~ L
O N~
4D y .
~ 3 U
U
L C
C C ~
C y ~
~ ~ N
~
~
H
ID
` r~
ds
y
~ `
cII L
?
¢ •
p ~ C
tu ~ y
m
. R
V y
V Q V
y V y
ayi
OCO
H
E~ V]
y O vCf
~ C N
a a~ E
Q u
r
o
uo E
'
~
c u=
~s
;
°
°
o a e
a
a
E
a.' c
v
~
~
~s c
W
~v>
oo
>
y~
3 R ~
N > N
~
N ~
N
cu 0
U
C- N~
Z
~ m~
a
C
3
~ a° o
u a o
~
`
E~
~o ' E
e Q
E ~
Z
i
H
u
8
E
c
C
3~ a"a
° as c
° aci c
F'
~
3
'
° 3
T Q
0
~ u
h
=
e o
O
~
E
.
u ~
>
EL' ~ y
y N p
00~-- y
Z
E > cV,~
•
C• U
~ U
~ u~
~ L
~ O ~
~ C ~
'
N y
~
'J
>
~
¢ C
.
L
fy
~ R
41
1
N ~ l4
~ cc
N
N > ~
•
E
C
•
;
a0
yf
3
Q~ H
~ c B
W
~
v,
n
'Q
O
~
V'1
Q
O
~
0
z
0
C
O
U
9
~
O
r,
0
x
~
N
u
'a
~
~
L
Q ~
L ,C1
" °
w ~
C
C
N
u
~ ~
0 ~
l ~
3
~ Z
>
i
y ~
c Z
` r
C
~ t
o~ U
~ z
y z
`O Lil
O~i La7
~ F
y ~
~ a
U
Oi
-O~
o F
yZ
I O
I -0 .
z ~
1
~
~ me
m
~ w
0~1 D
r
'a
C
c ~
o Z
40 C
V
z
y Q
~ U
O ~ Z
~ r
~ V
V
a Y
a
-
~ o
E N
U E
e~-
~`u
y
3
41
c
o~.
U
O
.
~ y
~
~
C
L
•v
•
N
~ .C
~
y ~
y
•
'
R
O CL
~
Op
~
~
L
v
c~
~~a
•
~
fi
a
R
Oa
~
~
y
y
~
•
~
~
~ ~
G
N
3
~
a0
on a•
y
y
3
p
CL
v
i
u
- c
U
p
cQ N
Q)
aO
Cr
a)
p
GO L
cn
E~
w
c
~
a~
o
~
~n
3
G
op
14 ~
e3 (U
^
~ Q,
~
~ V
.3 6~
y ~
6~
~
U
~
~
G
O
N
e
w
~ ~n
y
~
¢
y
s
~
~
y.
•R O
e
4j a..
N Vl
y
•
R
~
~
y
.
E:
O
U
C
~
H
t
cu
T O
3
C
`
„
C
a~
~
c
E
~
o~.
U
3
~
C
V
y
•
L
m N
-
O,C
~
a~
.p
C
p CQ
O
~ C
C
L C
~
.0
~
a~
LS
~
O •
N
•
E,
a~
r-
o
4+
.
L
'u
~
j
= v
a~
_
~
•
m `
r
^
m
cc
~
~
s
>
3 y
°
.
i ~
.r
y
N
~
~
Q
L ~
y
L C
~ "
II. ~
`
L
p
=
a~i
~
0
6~ H
•V
y
L
U
a
E
Q
•C y
y
E y
d y
~ V
,
`
v
U
O
C.i
`
CA
as
~
ci ~
4n
Q
.
inr
41 O
C G
3 O.
3
L
3
a~ C
s
~ ~
~
0>
E
~ ~
t
;
~ ~
Q'
>
3°~
c C7
m
3
~
o
y c
i
u y
=
v~i
cn
e
c i°
c
,
~
ia
.C aa
•
~
u
~
a ~
N
~
e
~
~
,a ~
~
ao
C
u 3
,
•
o
„
~
~
'
_ ~
~
u
c N
•
V ,
~
u
=
V
C
go
4
~
G y C
~
~ y
~ E
U.
v
o
~
~
~
•O O
~
4n
n'
c
u
y
CtU C
`
~
L
t
pa
p
G-
v
L~"'
~
'C
y
N. C
31 Z7
~
C
y
G~
0
U
R Vf
~1
/Q
7 y 6u
w
V
uf
ai
.
~
~
~
~ •3
C
~
tC ~
~
lu
-j
~
L
Y R
u o~
E
o
~
m
E
3
m y
•3
_
0~
3
-
y
~
~
,
y °
3
N
ci
~
v
Z
CD
3"
u
a
~
Q
°
o
E ~
H
j~
~
~
~
c
.
. E
a,
•
C
H~
V ~
m
E-
V
~
~
`
~ ~ ov0
O C
U
-
3
~
41
y
m
N
~
C~
°
'
O
c7 ~
E
~ O
=
'c
u m
~7
c+
3
O
°
E u
O `A
E ai
3
4.)
u>,
L 0
c
X
O
v
~
V
a
~ ~
est
3 3
E m
s
3
a
3
C
~
n.
~
E,~ o
~
a o
~
a~
~ ~
o y ~
-
¢
c
a3 ~
0
N
r.y
Q
~
`O
~
Q
0
O
J,
Q
O
e1
~
z
0
c
0
U
t~
~
~
E-
6.~N
~
; -
~ ~
~.L ~'C
^
U vf
O G
`
•1
~
Z
V
~
Q C~
N C
O
~
'
N
G'
p~S
~
lC f~
y
~
C
0
~
N
.i
~
N y
~ C ~
~
~
~ N
~
O ~ _
C
~
~
O
C13
lu
cc
= N
N
4)
C
L ev
Si
a
~
E
Z
= C O
O
2
0
~
O
y
~
u
co ~
Q.
O R L
~
C!]
N
= U y
•C
-
j
~ C
U L vVi
y
R
~
`
c
y
`
~
cu
o
p -J
o,
~n y
~
~ ~ c9
°
y c
y
y
R
•i 3
c~..
y
Z
~ y
_
~ y
=
`
= z
0~" ~
~
E~
o
y
o
o
t
c i C
0
W, c 0
a
C.
as
v
o
0
a
i
,
=
'
'
C
Hc o
3 ds
a
v
~
u
` to
p c 0
~
•j
c
a c
~
~
~
ca
.
C
C7
y;
Y~
C
V
O ~
L aa L
y
3
~
~
° c a
°
-
E~
-
~
~
o
a
y
3 ~
y
a~ o
c~
~ C C
y
a7
~
C
z
~
3 m•~
~
-
aca N
~
~n c°-~
~
O
C
>
tu
Y C
~
y t.: an
o'
.
Z
~ ai
~ Q
to
V S)
~
R
~
V
,p
~
•
~ z,
Q
C~ C
'
=
~
~
2
~
Q p ~
m
lu
4j
"
o
n
~
1
~
v
~
L
L
u
~
~
>
vi v
J
e
4
~
O
~ L
a
y
a
i C
e a
y O
.G O~
a
a~
U
u =
~
~
~ Q C
ai
ry y C
v'
y
`
~
C C
o e
N p v
a~
_
R
y
y
L7
fn
~
c~ G~
r'ua
m
h
E
t
>
O
y
o
o
o G
Cy ~
(j
y
.
%1
~
y e'
`
o,
~
E
o~
V
tE
a~
~
C
c v u
~
v
oo
6~n `
a o
C13
a~
~
~
v
y
v
a
ai
a
i
~
y
y
v
1° ~
m
o
a~ =
C
=
u
oo
O
C
y
E L
~
„
~
L v
a
3
00
L
>
C
6)
~
C
ca
z
a>
y .c
=
O
~
G
3
R ~
-
n0 6
jp
v
y rA
v~ 3 vi
3
Q
L
v+
7R a~i O
`
~
U C Y
y
C
~ c
y
_ p
r.
7
„
Z
E y
6 v
`
0
y
3 s R
'
~
o
s
~
H
H
~
U
V
3
y
~
T
v~°
°c
u
~
s
~
~
.
~ 04
o u
=
c
°
G
a
T O
3 u
° C
V
~
.
o
o
~ e
Z
~ " °
~ c L
L
o
E
"
.O ~ ~
R
u L. C
y ~
m
U~=
3
~
o
uv
aa
C7
O
~
=
y ~ t...
y ~
C L U
°
°
E~
4:
t0
3
Q m c
3 v~
3
Q
' u
Q
~
=
Q
C
U
~
~
N
~
>
~
C (,J
CS ~
.
u c'
N
~+1
Q
v1
~O
Q~ 4:
cn
~
~
N
ti
~
~
C
O
~
C
x
C:7
~
c
0
0
~
Q
0
~
O
z
O
C
0
U
C3
Q
oi
>
.U
L
-c1
O
i
C
C
y
C
i
C
~
~
y
~
o,
y
~
~
~
-a~
c
Q
~
o~
`o
~
01
C
~
C
~
.y
-~1
~
~
1
~ L
/ ~
U
w y
m `
O ~
~
I.f. ~
~
O ~
a ~
Q C
o ~
Q ~
2 ~
m ~
= U
C7 y
-O~
W p
Z ~
tn
Z ~
~
m y
D ~
Q C
IT
e+f
~
L
O N
V
~
~
~
L ~
~
~
z
~
kI
Z
t
O
U
~i
Z
z
~
V
Z
Gd
z
~
~
4Z7
C
Y
Q
>
~
0
C
Gal
m
C
:v
~
~
~
Z
Q
G
~
Z
Z
v
v
C
O
V
~
a
U
~J
E
o
~
~
o
o
~
e
v
u
o`
•
°
3
`
m
~
co
N
o
o ~
~
~
y>
c
a >
a
H
.
•
,
U
~ ~ ~
~
~
~
y
y
~
U
C`
Cr
~
{C 7 y
3 V~
OI
~
41
y
^
y
C
L
V
H
C
Z
Q
~
7
~
p R
V
3
~
3
'IZ
y
R
~
gu
~ e.
•N c ~
=
c
a
y-3
~
v,
t/l
L
C~
R
m
~
O N
S
0~
~
u ~
3
E
~ ~
~
c
ti
a
y
2
~ u
CU
~
~
c
~ ~
v^
~
a as
"
a
4)
~
~
u
s
s
e
y c
a
~
~ Q~
3
O
C
C
•V
C
~
L
'
. ~ Ol
o a a
y
•
V
y
~ aa
y
E
.
ei
a
nLi
E
o
U V
~ O~
C
.C
~
C~
C
L
ca
cu
af
•
.r ~
C
•p IA y
G
•
C
cs
~
~
~
p
~ C
Q
3
~
v=
O
R E
E s?
00
pf.. m
>
`
os
v
=
L y
u
C
~
vi
e ~
"O m m
R
3 O
V
y
O
`
~
N
G c~i O
~
t
~
~ C
O
i .
~
.
~ C
~
~
O
~
i
Gi
V
E
V
c 3 0
3
V
N~
= a
~
s
„o
„E.
E
y
>
U
~
~
4u
_
Q
i~
C
OO
L a=
y
C
L
R
y
R
y c
N
.
v
o
O GL
V p
~
e`
m
O
C
O
y
C
•
C 0 =
y
N
C~ >
,
` y ~
7
Q
•
~
~ V
y
~
L
~
L ~
'A 71
Q~
~
X
ee a
00 tb
0.0 fn
E C y
s
~
e
0
O
>
,
cc
~m~
y
y
L
d ~
C
S N
~ c
E a,
~
H
a H
e-
u
~
_o
'
=
3
~
E~
-
=
3
c E
u o
„
E
H a
~e
N
>
y
-c
N
u
~
N
U
u
•
c
u
~
~
~
as
e
c
.
~
U
E•,.,
c~ u
E~ u
s
~
c0i
m
a a E
3
<
.
~
~Q
N
t
'1
el
ti
E ~
~
C v
~ u
~
N u
3 0
_ o c
~ N E
y T V
C C
s
E X ~
r
¢ C
h ~
~
0
~
~
~
v
c
x
a~
~
~
O
~
3
C
~
13
3
H
4...
O
N
~
~
~
.f.
N
~
h
N
~
~
U
3
~
V
0
~
N
C
op
~
~
G
0
s
Y
O
3
~
h
~
C
N
L
Q
3
~
LN
H
~
>
3
H
u
6.
u
h
Q
u
N
C
O
3 ~
N
~ V
E o
6) j
~ O
A
e- u
o ~
U °
~ o
u p
a h
~
~
0
~
Q
O
P1
0
z
0
c
O
U
C7
~
Q
Q
y
~
X
-C1
c•. ~ 61
y
~
w
~
~
C
.j G e
a G.
~
O
~
M
U ¢ ~ C
61
U
~
y
Z60
C
N
61
c
cq
~
~
qj a
R Y to
=
V ~
E
n
3
.3
cG
4n
-
~
~
~ m
~
~
v
y
c
Q,l
~
L
y
c 3 E
~ on
~
c
y
~
°
N
=
3•° ti
~ r
~
u
3
~
Z
L U
~ 3
v
tu
V
f
•
y
'1
o
~
~ U y t0 V
E
^ R
U
=
O
`
U
E
c~
o~ ~
3 °
~
v
L
~
a
G
o. ~ o Q
~
~
~
Z
y ~ Q
~ L
tA
~
r
• ~
~
~
.
~ QS V
^ O
O N
~
C
~ •i..
~
`
~
U
C
y > •C > G
V R
r
.
.
~
~
C
o R
.
S
i
L H
N
C
Z
C C y
~
C
~
O
`
C
N R -
~ ~
'C
'Q
C
ci v
N
•
~
~ •
C ~ y
~
~
V
~
y ~ O•i
fQ ~
N C
~.i
(
V
a.
y
~
y
61
~
ed
1
C
ca y~.,. s
d
~
`
O
i
-R
>
LLJ
? c
ea m
a~
3
_
c.
>
"
3 =
>
U
r
C ~ ~ C U
i
L a
~ ~
y
~
64
~ ~
Q
~
cQ
R
m
O
~
T ~1
y
O
O
y y
~
C
y
Q
lC
~
C G L~ U
' L
~
~
cL
Y1
Q
Li
~
~ Y~ v]
e~a v
E
ci
° rn
er.
~
a~
m y ° aca
_
Vl
~ •
31
~
r.
u Z, L~ ~
o ~
a
c
m
~ a
:
a
c
3
'
`
,
O
`
r
-
~
z
u
-
~
u
0
r
-a
H c ar-i a
~a ~v
3
=
m
y~.j j ~`n
rn v~
~n
L
3
Q O
~
~ ca
E .C ~
~
C~ y
O
00
d c4
6r
y
o
yT~
~
~
~II
C
r..
~ N
C
'L
. Q
\
Vf > V1 N
IU G E'
m
G v
s
~
~
fQ
s
c
O O
E
L
o u
Z
~ ~
'
i U u ~e
'
=
'
o
e
ai
~
o
u
Z
a,
~
~ m
3 N
o
a~
o
v
m
~
n" y
ca
R
3
^
~
~
N
E
O 33 ¢
i
L
L U
N
U
- L
'Z
u
f
~
`
E
-
~
y
V
L
c U
~ _
r.r
i
N
r1
Q
N
~O
G
O
C
.^•0 ~C
C p„
L ~
~ o°
C U
h
^ .m
~ R
~ -
= 41
y R
..T.. ~
i
c.. O
o ~
u ~
0 ~
y X
C
C L,.
~ Q
O RC
~
C ~C
~ y
Vf '
N ~
U N
c3 ~
V
...r 'L'
~ N
u `
C
~
u ~
cn Y
3 s
~ °_O
G m
N N
E
C `
U ~
N
u c
~ u
Q Q
0
3 ~
2
M,
~
~
N
.
`
cs
C
n
~
0
0
Q
~
~
C
z
0
C
O
U
a
Q
U
0
SO
~
,
V
C N
Q Cc
~
~1
Z
~ Q
Q
C
. U
~
3
U
•
~
~
~
y
s
y
~
>
i
HE
F
>
c
H
3
c a_'
u
.1
~
cc
r' a
~
>
R •
eV
L
t
U
u
o
Q
ca
L
~
c c:
O
"
~
M
~
~
aa
u.
.c
G
~ ~
'zz
~
> m
~
~ -
R e
° ~
~
o
=
c
3
cm
~
~
m
3
;
a~
•5
C
V1 C1 V e0 y
~
V
v
C
c
cc
U
•l7
U
L
1d
y
Z
N~
C C C
~
R
`
U
u
0
aj O
m
0~
~
C.
V
C
u
L
y
6
rd
a
C
L
07
~
~
a
Q
T~
~
tu R
CA Q >1
o0
W
.
~
3 u
>
Q
~
a.
00
= c
o
,
~
~ r
ma c
_ > CZ
v
-
y
~ a
x
~
z
3~
°
"
= H
y
~C
y
~
~
~ a..
y
Z
c
c
3
~
y
u
~
0
"
Q y
tj
s ~
a~
c
u
n.
VI
"
Cl
E
N~+
= E
N
H
,
c
p
C
Z
cc 0
H
~
•
~
V
=
Cj
C
~
y
~
R
~
'
V
~
y
C
"
=
> u F
c
c
'
?
m
0
~
a
~
~
;
<
•
6.
6~
~ _
C ~
~ y
C C ~
~
~
H
y
cc
C
~
~
~ Q
~
V
~
C~
R
rn ~
~ q
y
~ V
36
~.n
tu
L
N
ul
.
.
O
y~,~
•
C
y
p
C
L
^
L C)
~•V
E
~
C
r+i
~
~
~ v~ y
~
~
y
L
~ ~
3 ~
~
E
~
~
E ~
a
W
°a
v
~
oo
;
'
ci
G
3 a~
y O7
~
~
=
a~
~
s
^
o a~
~
y ° ~
"
v
o
0~
C.
C m
p V V
y
3
C
y
V
a
V
€
~
+oh.
~ G
'
~
.
00 y
a0 a0
y
O
y
3
C '
~
~ Y
Q
CO C
~
~
C
V~~
7
Q
~
U
V~
~
C
~
y
~
~ '
~
p
p
yUl
O
-
.
= U
G•
Q
E
u~
u
y
V
a, o
y~ u
R
3
R
c~
o ac,
a
i
° n~i
\
3
C
=
o~a
a
C
a°o s
G
C`+
E
m'
1
y
a~
R
6) ~
C
~
~J p
aQ
U
,
Q
~
O
a H
C_.
~
`
Z•~ •
~ c
_ `
~
m
E
.
c
~
y
a
,
~ 4.)
.
o
C
~
3 a'~
t
u s
'
'
~
c. ,o
~
00 L T
°
°
v
~
.
°
y=
s 4
y
U O 0
0
~
°u
3
~
E~
~ L
"X
~
c
0-0
y O
C L
=
3~~
L
y
~
v E
u
; C
a
E
E
h
3
~
Y
~ cs h m
3
L
3
2 E
d
y
~ Q E
~
Q
0
0
Q
0
~
O
z
a
C
O
U
c~
O
O
~
~
m
G
' >
>
V
~
~
s
~
u
p
y
j
r
0
iQ
L
~
c
Q~
~
y
C
~1
~
.r.
VI
~
V1
:
~
~
6J
~
u
y
.
y
C
Q
^
~
y
y
co
~
y
~
y
~
l4
~
°
~c
;
0
3
3
'
'
~
y i' y
y
v
rC
R
N
`
C.
Si
z
~ y
>
y~
~
OO
t:
y
a0
Z.
E
•
~
~n
" v
~
a
a
~
~
~ L
'
~
L
~
y
~
~ L
O
C
V
~
II ~
~
U
a
C
R
y
~ O
•3
~
'a
~
~
~ ~
~
a
~s
~
~
~
• E
z
~
eC
a
~
o,
Z
~
~
~
3
y
o
v
~
-0
f
~
~ y
N Cd
~ no
_
•
a
y
0
o
V
3
w
'
y
~
`
~
Q ~
~ U
L
C
V
•p
~
~
C
u
L>
-
O~
y
o
~
a
a
a~
E y
v
e0
Q'9=
-0~
_ •U
~
`
~
~
.r
C,i
~
=
Z
•
~
C
:
i N
Q.
~
m
e
`o
~ ~
Q o
~
06
~
y r.
U
~
t
co
m
7
V
O
0>
~ U
=
~
C
~
S
U
O
C
fA .
~
~
Y.~
a
L
~
L
7Li
L_C
C~-
N N
y
•
"
3
3 c
3
~
a
0
a
vi V
>
`
5
C ~
y
E
N
a
3 R
E
~
~
E
`v
y
~
Q
~ ~
~
Ccd
~
U
•
C
~
O
3
7
y
V
v
~
_ ~
~
~
~
,V
U
•*0
~
E
~
X t
t
~
CU a~
V
'
R
u
G
m
u
~
cj
y
r.
o~
u
~
o
V
Y
^
r.
0
c
°
a
Ra
m~
6.
a~
L
c~
a
=
a
o E
~
„
. ~
,
a•-
c
~
~ oo
s~
E~
Q u
`o
Q
a
3
R
V
o
a
~
cu
~
~
_
ta s
u
L
Z
y~
7
3
C
•
y
~
C~
¢
t~
C4 ~
co
~
>
~
`
`
y
~
~
~
.
-
.
~
i
41
~
~
C+
U
a~
ea
~
3
v~
U
=
O
y
~
y
'1.
cc
-U
a~
c
i
F"
3~'
4J
€
O0
m
o
c
c
ao
c
'
^
G' c
, p
o~
i
>
~
'
,
y
E
C
~
C
y
„
n
~
~
ai c
v
y
c
o
a,
°
O
42 C~
u
.
r
~ E
r
C. .
a
p
a
~
v •
~
`
_
`
~
t
~
,
1,
3
a
u
~
Gd
:E
3
wi
"
C
~
U
O
v
~ c
~
~
E
o a
g
x
a~
'tu Q
0
n
~
x
~
N
r
c
C
c
L
f~
~
0
0
v~
~
0
n
O
Z
0
C
0
U
a
~
O
3
o;
-
-
~
wl
N
y
~
.
~
>
= E
•
L
c
'
m
G ~
C`
~
•
~
x
a~
Cp
~ 3
y
O
~
• V O
~
-
yQ
i..~
~A;
6~
_
R
z
t
zE
i
no
_
I.-
oa
>
N
~
-
on -
~
C u
y y
L
u
°
a
~
c~
.
s o
~
3
y
a~
c.
o~
~
C3
=
a~
rn a~i
1
~
^ ~
y
z
y~
E_
~ 3
c-
o
u
a~
= E
> 3
~
G
a~i
e
~ L
~
L
~
L
O
s~
F
y
u
~ U
3!
Z
~ ~
41
~
C
~
X
r' ~
`
r
C
~ U
t
~
•
`
~
E
C
y
0 c4u
V
.1
t
y y
C~
U
C
j
L
~
y
~
4u
'r
C
Q
~
V
0 E
zU
~
a
C
~
L^
v
K'~
=
a
a
~
~
o
a v~
U
E
~
•
y m
`d
y
3
i
~ X~n
h
V
Q ~
V 0 V
•
Q
N
t
~
~
y
y
01
:c~
pl Vl
~ ~ ~
V
C
~
~
~
N ~
•
N y
C
~
~
!y-
63
E
V]
cU
•
•
~ y ~
•
~
o`
tci
E
=
m'O a
i
>
C3
y
>
~
~ y
U
O
~
6~
y
;
O
~ :
L
~ O ~
;
~
E~'
E
i
c~v
+
° y
3 s~
c
c N
V
o
~
~
;
c,
;
s+
3 a~
>
o
=
c
c-
~
. y
L.C
C
=
a
i
0
.F
G
y
~n
E
.0
w O
Y
O
'L' ~
` V 3
•
0~
C
V V
~
~
40
y
as
R
¢ Q y
a
~ CU
~
lQ '
~
C.
N 6>
^ ~ uf
Q
m
C >
C]
~
" ~
~
•
3 ~
G
w
3~
O C O
.r
O
>
h
-v
O
y•
c`O
e
N
~
cL
O
~
c.. °a a~
'
E
01
~ ~
'
c v o
~
=wi
•
t=
;
~
a?c
3
{O y
u ~ ti'
L
flO
~
N
3 ~
N
O
~•yi
c 0~
Q
C y
.0
u ~ R
C c_
stji
~
~
m H R
~
C
.
a
~ 3
;
_
r
a
5
E~
.
c
~
v;
E ~
a~ o
~ -
E o c
~
ca
-
a
=
y IU
6.
=
=
a,
m c
"
Z
E~
a,
E s 3
R
~
a~i
3
u 5
0
3
0
c
cc
T 3 'n
~ C
~ v
N O C
Y
~
O
O
41
00
.
V=
U
C
; O
F.
a~i
3 R
o~ o
c
o
a~~+
a
aca
v ~
a
°
a
>
m H~
o
%o
~
u
c
V
E-
0
c~
°
'
l ~
~
u
v
>
y~
c
~
~
C
Q
O
~
t
=
r
u
<
=
°
+
~
:
_
° '
,
<
=
3
0
e ~
u
•X
~
'
c
E 3
` o`
~
s
=
v c ~
L
>
L
~
; ~
~
L
3
°
~
c
Q E
~
~
3
myo
u
c
Uo
oL
o
o
E
_
v
cc H
~
<
a
n0 0
c U
Q
_
N
~
~
W;
,o
~
~
0
O
v^~
v
0
0
z
0
c
0
U
0
O
y
~
V
01
`
~
o
.
Q
Q
~
~
C,
•~j
L
N
L
y
O
~
~
~
~L`
N
L
y
~
m c
U
~
o
=
3
e
,
i
' -
C
a
i
R
3
a
~
~
3
`
.i
a
Q'
y~
y
n~
c-
y
N
R
'
o
z
~tv
3
i
c
Q
a
~
e
E
2
~
4j
a
U
E
-
'
.
s
~ U
E
E
v
t
L
~C'
Z
u
V7
r
y
z
~
~
u
>
a
N
~
'L~
h
C7
•
O
p
~
L
~
.
n~
ui
OI
Li~
N Vl
•V
V
~s
y1
•
•
~
~
C
V
0
O
ul
~
u>
y
~
•
U
~
~ v1
L
U
0
il
O
G
~02
.L~. N
Q~
L
y
V
O
a
~
(il
3 L
•
> 00
-
•L
"
E' t
y
~
~
y
L
C
L~
~ t4
.0 L
y
O ~
C
cc
4
O
O
U„
s
v
c
4.,
~
>
E
o
V
~
j
~
~
~
>
e
~
~
a~
m
s
z
a
c
~
e a
i
3
z
c
~
o+
m
Q~
~ o
~
~
m
~
u
~
E
~
o'
Z
~
° v
a~ ~
~ a
a
O
a
~
cc
cc
y 3
~
N
u
~
y
C3
c m
.
no
y ai
u
'
.
~
~
a0
~
R
~
~ a
3>
L
C y
7
~
00
y
O
~
C
m C
C>
O N
0
to
N
VI
.
>
Z
E A
~
~ °
F y
'3 ~
E°'
o
s roo
r
v
~
°
c
a
a
=
'
pp ~
u
,
~
`
~
oD
o H
e~
a L
3
=
Q
u
cri
~
a,
C
~
~
~n w
3
o
aa
a+
?
C? O
m a
~ o
u c
c
~
eo
x
a
E
L
y o
m
Cl c
r t '
3
~ '
~
R
s
u
,
s
c
~
o m
a
3
Q v
~
i
m
3
a~
3
a
~ ~
Q
~
01
C V
CS'
~
N
tr7
~
~
- c
00
N
~
N
v
7
~a
~
U
~
~
_
H
C
o
L
t
O
O
~
>
O
~
~
>
0
`
a.
0
N
N
~
e
3
O
>
~
~
E
'
~
E
~
Q
~i
0
v~
~
L
N
~
=
u
t
~
3
3
c
.
~
~
y
~
C
~
y
`
C6
u
~
Q
~
>
w
7
N
^
O
~
^
Y
~
C
a,
o0
G
co
o
y
O
G
~
c
~
c u
~
a
Z
U
V'1
Yi
0 H
CI
~O
O
U3
v
~
~
v
L1
0
C
~
h
Q
~
O
~
v
~
C1
O
~
U
~
-01
O
C
~
o~
0
r
Q
`
7z
~
`u
o~
0
o~
t
~
m
.o
~
o~
s
u
~
v
~
~
Q
c
~a
a
U
a
a: Y
U C
L Q
1
o ~
`
~ o
~ a
~
v
~ U
~
N
~
Z
~ Q
N~"
O
Q
fQ
~
•
V c
>
y
u
l
~
•y C
L'
'
~
y
=
0
a
G~
t
C
~
01 vf 7
°c
Z
y
_ ~
L
C!•
•
j
Q tQ y
y
~ .
QS
V
7
~
C
i. ~
e~ C
C
Q`
;
m Y
Q'
o
v
.
•
;
a
•
~
El
~
6J
y Ci
~
y a)
C
y ? ~
~
V
lQ
.
V
C
C
.
Z
~ Jt
E.
~ a C
~
V
~
a~
o
e
o ao
O
L
i
a
c
~
a
e,
r
~
R
R
~ • ~
Z
=
~
~
•4x
L
~
Z
~
~
•
C
m
O
~
060
O
~
` s•C
~
C
~
~
L
3"
~
a
V
a 3~
~
2
~
~
V
~
a
•
4'
Z E
-
C
y,
y~
y
c,
Z
3
~
Cn
U2
O
C
i
;
o
x o
a
E
„
~
,
C
~
a
Z
R O
z
•
O
L ~
•
~
~
L
~
3
= y
G ;
~ N
y
~
in
y
y
f/1
C•~
Q
= a~a y
a~
~
0
•C7
U
V
~
1°
C
~
~
~
p
p
~
N
Q
o
i
~
~
V
y
Q
~
N
.
-
•
~
c4 .
L'.
C.
~
p
= ci
.
C
y.~
L
` `
y
C
O
cc
Q
~ y
•3
.
L o~
L
o
_
e
a
G
ci
y
L
3
C
U1
>
~
4m C
E
-
L C E
t
~
y
L~
•
O
E
~
o o
~
_
3
y; o
H
~
E
m
R
~
u
y
•
E
u =
E
>
n
°
~
2 c
~
z` ~ a
~
0
o
o
~
~
o
`
v
>
y
Q
=
~
~
~
u
3
u
`o
v
v
,
,
•a
Go
a
E v
Q
93 C N
~
`
j
~
C
~
~
r
rl
~C
cis
~
~
an
C N
C
'n
C
O
a
6~
y
O
u y
0
Z
s
G
~
e
m E
u
=
5
~
_
~
m c
~a
Ci
u~
eu
°a ~ ~
3
ca ~a
z
-
E
~a
. C
H o
'
a6
h
°
°
3
=
c
E:,
= A
•3 u
a
c
e,o
c
~ a~,
o
s
H
~
m
a
=
a
co
'v
c
E
E~o
m
N
L7 ~
i~ ~
~
.
a> ~l y
6~
,
~
~
t .
~
Y
i~d
OO 4a
z~
av
r-
E
H
~
„
c,
E
L
os
61
co
u L
e
~
O
ci
~
m E
3
°
,
,
c
s t
" ~
sM
o=
o
°
M
~
=
40
CD
3;
=3
3~E~
3
a
s~
a
•
.
a
:
a
c
o=
~
CC
~
N
n
Q
y~
~
o
m
0
0
cn
Q~
y
~
v
u
-~1
i
.y
l
~
C
`
y
>
y
h
d
0
N
~
J
y
-0~
O
~
~
Ol
O
~
y
C
~
~
Oi
~
U
y
\
ti
y
-o
v
~
e
~
~
~
~
y0
v
v
~
v
L~
IS
:
~
v
`
C
~
~
N
~
C
u
6J
~
~
7
Z
.I.
z
~
C
V
~
Z
z
GcJ
~i
Z
~
5
L
~
J
~
~
:a7
~
z
~
9
L
Ga~
~
~
Z
z
Q ~
v
u 2
~ W
U
L
O Q
~
C.J
~
Cl•
~
„
.a
E ~
m
v
~
S C
Cr
y V -
~
~ ~ Q
C
s C
C- ~ O
>
~
= R
a~
cu
-
•
co y^
u y
3 a~
~ i~
'
3
IJ
y
C... U
` ~
S
1
.
i ~ c4
~ L
`
• V
O
C Q' ca (U
" L
L
C N
e4
~
~ ` ~ eC
C
V
.V.
~
C
3 C ~
Q rn
v ~
= aa
p
`
'
:
O
i' U R V
~
yL
~
L. R VS
~ ~
y
3
~
C"~
O
tu
•
~ V ~
C ~ C~ m
C
Q v
C
a~
~ Q~
~ 'y
~
C
L` y
tu >
6.
y y
•4)
V
•
,
y
M
R ~ 61 ~
V ~
C 4)
"o
C
co
O
N
a~i
T
m
Cc
- a
m
~
a
~
~
c o
~
Q
`
,
,
~a
c
"
E CU y
o
`
u >
3 ~
~ ~
"
~
N
~
O
U ~
G~ > L
a
i
C
a.
c R
a~
L 3
o y y
~
c
~
N
~q
t~
~
:
~'c c~ c
L
0
c
~
z
~
~
C
•
~
~ N N L~ y
V n'
i
•
C
~
•
a7
C
C y ~
7 O
~
~ C C4
~
vf C
~
y G
R
3 y H
~
~
3 R ~
° ~
E
~ ~
a."~
`
o a
°
'
.
3
Qcc o
'
w:
-
~ ~ 3
E
=
-
~
Q•~ s
~
c~- >
n ~ R
c:
3
p ca O
~
C ~ r U~
V
•U ~
~
~
VI
u Q~
u
y
y
C
11 N'C
eo
~tu
c
`4 o
a
c
c
i
43
U
R
y
n0
y Cqj
6~i
3
a
y
=
L
~ ~ G
Q N
~
~ •7 C
`
j
l
N
~
N
v1 31
3 y ~
~ ~
_
_ -S a
~
c~
o
= ~
.
o y
cti
C
y y~ V
y
~ E c... cC
3 Q a~ O
00 ~
t
C ~ `
- N
~
C
E
•
~
d•C iO
00
~ y
~ ~
T
42 ~
y
j
E ~
ci ~ y L
V
~
61
a
~
G
V
y
~
L
R O
CA E.c
e
Q
3
c
~o C
Es T v
mo
'L
C
~
pvp E p 0
3 ¢
L G L C
3 3
Q
=
a-
¢
Q ~
,
L
~
E o 0
r")
,
00
(-i
N
~
~
~
C
~
C
x
n
Q
0
O
v~
Q
O
C
z
O
C
0
U
C~
~
E.\hibit g
AMERICORPS
Applicant Name: Cicv of Auburn
_ Pcogram Name: Auburn's Ycishborhpod pro~arn
A. MEMBER SUPPORT COSTS -
Living .411owance Type
1 Year Fi' (,eada 850 1 500
1 Year PTMemba 750 ? 3,500
1 Year PT 375 4 1.000
Summer
Subtotal 10.00 5.0(}0
FICA (7.65°/,)
Workers' Compensation (Z°a)
Health Care (S50 per month)
Loca! Matc6 -
Living Number o( S500 per fuli Corporation Share
Allowance Memben time member (Maiimum 85•/.) Gnntee Sharc
Section total 10.00 5.000
8.850
500
54?Sa
3.500
15.500
1.000
578,600
S5.000
6.395
1.672
6.600
593,267
S5.000
Total
59.;50
557.750
S 561 , Op
SO
j13-600
56.395
S 1.67?
56.600
~ S98?67 ~
B.
OTHER MEMBER SUPPORT COSTS
Training and Education
53.168
521 I2
S5Z80
(p/eare specifv in budget nvrratrve) Other
Sp
So
so
Subtotal
S3,168
I 13
L S
S?SO
I F
C.
STAFF
Salaria
S18.000
• S40.140
558.140
Brnefits
SO
SO
SO
Training
(please specifv in budget narrative) Other
SO
SO
S500
SQ
SSOQ
SO
Subtotal
518.000
17 540.640
I 558.fri0
L_
0.
OPERATING COSTS
Travel
Supplies
Trunsportation
(no greater rhan lQ% ojA tirrough F) Equipment
(p/ease rpecifv in budget narratrve) Otha
5975
52250
SO
S1Z66
5360
5975
S7-300
S 1.000
5135
SO
S 1.950
54.650
S 1.000
S1,401
S360
Subtotal
S4.851
S4S10
~39.361
E.
INTERNAL EVALUATION
1060
7~Q
S9.0001
F.
ADMINISTRATiON
Progr.imlOperating Site
SO
SB.SOU
58.500
G.
TOTAL PROGRAM OPERATING COSTS (B - F)
S27,079 +
S63,702
- 590,781
(max. 67%)
(min. 33%)
H.
TOTAL OPERATiNG SiTE BUDGET (A+G)
SI 89 Oag
i.
AVERAGE COS7 PER MEMBER
2707.9
6370.2
9078.1
Exhibit B
_ Applicant Name: Ciry of Auburn
Program Name: Auburn's Neighborhood Program
BUDGET NARRATNE
W.S.C. Grantee Total
B. OTHER MEMBER SUPPORT COSTS 3,168 2.112 5~g~
Training and Educarion - ~,16g ~~1 l~ ~~80
{Four uam vaining woricshops az 5700 each plus
individual memba training for full time mcmbers at 5250
cach.}
Other 0 0
C. STAFF 18,000 40,640 58,640
Salaries & Beaefiu 18,000 40,140 58,140
0.40 FTE Program Coordinator 2{ 800 hrs of progrmn managemrnt at a cost of S30 per 4,000 24,000
hour• Program managrnxnt induda daigning the
Program, recuitmrnt, financa, gantwriting, orirntation,
training, negodating the placment of mcmbas,
perfarmance aPPraisal• }
0.50 FTE Team Supervisor
18,000
0
18
000
(900 hrs of direct supervision at a cost of SZO per hour.
,
Supervision inciuda coaefiing and memoting members,
conducting perfortnance appraisaLt, organi2ing mee[ings
and projects. }
Mt. Baker & Olympic Middle School
0
10,380
10
380
{On-site supervision provided by School Dimiet
,
adminisrrators and trachas. }
Health Educator
0
2,880
880
2
(0.50 FTE mrntorhutors will take 5% of the Health
,
Educator's time at approx S30/hr. )
Muckleshoot Re-Entry Program
0
2,880
880
2
10.50 FTE mencedtuwrs will take S% of thc Dircctors
,
time at approx S3UThr. }
Benefiu 0 0
Z Brnefiu are inciuded in che above hourly caiculations az
approximatcly 208%}
Tmining 0 500 500
(Ciry will budget srnding the Planner and Tcam
Supervisor to training wnferrnces az 5250 per
confaence. )
Other 0 0
Exhibit B
D.OPERATIONAL
w•S•C-
Grantee
Total
Travel
-
4,851
4,514
9361
(Reimbursable travel of approximucly 6.000 mila at
975
975
1,950
SO.325 / mile. }
Suppiies
- Unifomts: 5100 per membtr
2,250
1,400
~
4,650
- Morale Support S 100 / event • 3 evrnu
600
600
1.20D
- Program Matuials & Suppiias:
50
I 5~
300
Tcam ProJau & Evrnu
250
Middlc School Projecu & Events
1
000
400
650
PHP Giriz & Muckles6oot
,
250
1,000
2,000
250
500
Transportation
{Team trave! acpensa to nvo MDfs u approx SSQO per
~
1,000
1.000
wnference.}
Equipment 1,266 135
{Radios & ulecammunicatians for membas at middle 1,d01
school. }
Other {Internet accest at S30 / month} 360
0 360
E. iNTERNAL EVALUATION
o. 10 ~ ~
gram Coordinator
. 1,060
~,9ao
9,ooa
{240 hrs of staff time to coUect and compile data, analyze,
1,Q60 7,940
9,000
monitor and report the progras of thc AmaiCorps Team
at a cost of S30 / hr. }
F. ADMINISTRATIQN
- Indirect Admin costs
0
g~~~
communication
advertising
3,500
3,500
insurance
So~
500
4,500
4,500
Summary of Tota! Costs
- Member Support
- Staff Support
- Operating Cosu - internal Evaluatiort
- Adminissation
3,I68
2,112
5,280
18,000
40,640
58,640
4,851
4,510
9,361
1,060
7.940
9,000
Q
8,500
8,500
Total Operdting Budget 27,079 63.702 90,781
Cost Per Member:
3,708 6,370 9,078
Exhibit C
AmeriCorpse Provisions
For the purposes of these Provisions, AmeriCorps refers to AmeriCorps*State,
AmeriCorps*National and AmeriCorps*Tribes and Territories Programs only. The term
Cooperative Agreement is used interchangeably with the term Grant or Grant Award.
All applicable Provisions of the Cooperative Agreement shall apply to sub-
Grantee AmeriCorps Programs and other awards.
A. DEFINITIONS
1. Definitions
B. AMERICORPS SPECIAL PROVISIONS
2. Purposes of the Award
3. AmeriCorps Affiliation
4. Local and State Consultation
5. Prohibited Program Activities
6. Fund Raising
7. Member Eligibility, Recruitment and Selection
8. Member Training, Supervision and Support
9. Terms of Service
10. Release from Participation
11. Minor Disciplinary Actions
12. Living Allowances, In-Service Benefits and Taxes
13. Post-service Education Awards
14. Matching Requirements
15. Member Records and Confidentiality
16. Budget and Programmatic Changes
17. Reporting Requirements
18. Renewal of the Award
C. GENERAL PRQVISIONS
19. Terms of Acceptance
20. Legislative and Regulatory Authority
21. Other Applicable Statutory and Administrative Provisions
22. Responsibilities under Grant Administration
23. Financial Management Provisions
24. Administrative Costs
25. Equipment and Supplies Costs
26. Project Income
27. Payments under the Award
28. Retention of Records
29. Site Visits
30. Liability and Safety Issues
31. Drug-Free Workplace
f/na/ - Apff/ 30, 1999 i2
Exhibit C
32. Non-discrimination
33. Supplementation,-Non-duplication and Non-displacement
34. Grievance Procedure
35. Ownership and Sharing of the Award Products ~
36. Publications
37. Evaluation
38. Suspension or Termination of the Award
39. Order of Precedence
Flns/ - APdl 30, 1 999 0 2
A. DEFINITIONS
l. Definitions. For purposes of this Cooperative Agreement, the following
definitions apply:
a. Act means the National and Community Service Act of 1990, as
amended (42 U.S.C. §12501 et seq.)
b. Administrative costs are expenses associated with the overall
administration of a Program, and are defined in the General Provisions,
Clause 24, Administradve Costs.
c. 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. VISTA is authorized under the Domestic Volunteer Service Act
(42 U.S.C. §4950 et seq.). NCCC is authorized under the National and
Community Service Act (42 U.S.C. §12611 et seq.). .
d. Approved national service position means a national service position
for vvhich 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 posidon. e. Cognizant agency means the federal agency coordinating audit and
other fiscal requirements for those organizations with grants from
muldple federal agencies.
f. Cooperative Agreement is a type of federal award with substantial
Corporation involvement during the Project performance period, used in
these provisions interchangeably with the term Grant or Grant Award.
g. Corporation means the Corporation for National and Community
Service established under of the Act (42 U.S.C. §12651).
h. Education Award means an award provided to a member who has
completed a required term of service in an approved national service
position successfully and who otherwise meets the eligibility criteria set
forth in the Act. An education award may be used: (1) to repay qualified
student loans, as defined in the Act; (2) toward the cost of attendance at an
institution of higher education, as those terms are defined in the Act; and
(3) toward expenses incurred in participating in school-to-work programs
approved by the Secretaries of Labor and Education.
i. Grantee, for the purposes of this agreement, means the direct recipient
or the subrecipient/site of this Grant. The term sub-Grantee shall be
subsdtuted for the term Grantee where appropriate. The Grantee is
Fina! - Apri! 30, 1999 3
legally accountable to the Corporation for the use of Grant funds and is
bound by the provisions of the Grant.
j. Indian tribe means a band, nation, or other organized group or
community, including: (1) any Native village group as defined in §3(c) of
the Alaska Native Claims Settlement Act (43 U.S.C. §1602 (c)), whether
organized traditionally or pursuant to the Act of ]une 18, 1934 (commonly
known as the "Indian Reorganization Act", 25 U.S.C. §§461 et seq.); (2)
any Regional Corporation or Village Corporation, as defined in subsection
(g) or (j), respectively, of section 3 of the Alaska Native Claims Setdement
Act 43 U.S.C. §1602 (g) or (i)), that is recognized as eligible for the special
programs and services provided hy the United States under federal law to
Indians because of their status as Indians; and (3) any tribal organization
controlled, sanctioned, or chartered by an entity described in paragraph
(13) (i) (A) of this section.
k. Member means an individual:
i. who is enrolled in an approved national service position;
ii. who is a U.S. citizen, U.S. national or lawful permanent resident
alien of the United States;
iii. who is at least 17 years of age at the commencement of service
unless the member is out of school and enrolled
(a) 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
(b) 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 16 and 24, inclusive;
iv. has a high school diploma or an equivalency certificate [or
agrees to obtain a high school diploma or its equivalent before
using an education award] and who has not dropped out of
elementary or secondary school in order to enroll as an
AmeriCorps member (unless enrolled in an insdtution of higher
education on an ability to benefit basis and is considered eligible
for funds under section 484 of the Higher Education Act of 1965, 20
U.S.C. §1091), or who has been determined through an
independent assessment conducted by the Program to be incapable
of obtaining a high school diploma or its equivalent (provided that
the Corporation has waived the education attainment requirement
for the individual).
1. National Service Trust is the account estabiished 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.
Fina!-,lpri130. 1999 4
m. OMB means the U.S. Office of Management and Budget, which issues
unff,orm administrative, allowable cost and audit requirements for the '
administration of federal grants and other agreements.
n. Out-of school youth means those individuals 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.
o. Parent Organization means a single entity, including an Indian tribe,
that is responsible for implementing and managing a National Direct
AmeriCorps Program.
p. Program means a national service Program, described in the Act (42
U.S.C. §12572(a)), carried out by the Grantee through funds awarded by
the Corporation and carried out in accordance with federal requirements
and the Provisions of this Grant.
q. Project means an activity or set of activities carried out by a Program
that results in a specific, identifiable community service or improvement:
i. that otherwise would not have been made with existing funds;
and
ii. that does not duplicate the routine services or functions of the
organization to whom the members are assigned.
r. Project sponsor means an organization or other entity that has been
selected to provide a placement for a member.
s. Service recipient means a community beneficiary who receives a
service or benefit from the service of AmeriCorps members.
t. State Commission means, for the purposes of these Grant Provisions,
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 law.
u. Sub-Grantee or sub-recipient refers to an organization receiving an
AmeriCorps Grant from a Grantee of the Corporation.
Firtal - Apri! 30. 1999
rj
B. AMERICORPS SPECIAL PROVISIONS
2. PURPOSES OF THE AWARD.
The general purposes of this Grant are "Getting Things Done" in communities,
strengthening the ties that bind communities together, and develaping the
citizenship and skills of AmeriCorps members. Activities funded through this
Grant are intended to help engage Americans of all backgrounds as members in
community-based service that provides a direct and demonstrable benefit that is
valued by the community. Service activities must result in a specific identifiable
service or improvement that otherwise would not be provided with existing
funds or volunteers and that does not duplicate the routine functions of workers
or displace paid employees.
All applicable Provisions of the Cooperative Agreement shall flow down to sub-
Grantee AmeriCorps Programs and other awards.
3. AFFILIATION WITH THE AMERiCORPS NATIONAL SERVICE
NETWORK.
a. Identification as an AmeriCorps Program. The Grantee must identify
the Program as an AmeriCorps Program and members eligible for a
Corporation-approved post-service education award as AmeriCorps
members.
b. The AmeriCorps name and logo. The Grantee must use the
AmeriCorps name and logo on service gear, stationery, application forms,
fundraising solicitations, recruitment brochures, orientation materials,
member curriculum, signs, banners, press releases and publications
created by AmeriCorps members in accordance with Corporation
guidelines and requirements. The Corporation provides a camera-ready
logo.
To establish the relationship between the Program and AmeriCorps, the
Grantee must use the phrase "The AmeriCorps Natlonal Service Network"
or "an AmeriCorps'o Program" and may use the slogan "Getting Things
Done"'nw on such materials in accordance with Corporadon 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
promodonal materials.
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.
Final - April 30. 1999
6
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 dmes consistent with Corporation guidelines. The
Grantee may not use Corporation funds to purchase local Program
service geaz.
d. Participation in AmeriCorps events. The Grantee agrees, within
reasonable limits, to participate in AmeriCorps events and activities
sponsored by the Corporation, such as the National Opening Ceremonies,
conferences and national service days.
4. LOCAL AND STATE CONSULTATION.
a. Community consultation. The Grantee must design, implement and
evaluate the funded project with extensive and broad-based community
involvement, including consultation with representatives from the
community served, members and potential members, community-based
agencies with a demonstrated record in providing services, foundadons
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.
5. PROHIBITED PROGRAM ACTMTIES.
While charging time to the AmeriCorps Program, accumulating service or
training hours or otherwise performing activities associated with the
AmeriCorps program or the Corporation, staff and members may not engage in
the following activities:
'a. Any effort to influence legislation.
b. Organizing or engaging in protests, petitions, boycotts, or strikes.
Final - Apri! 30, 1999
7
c. Assisting, promodng or deterring union organizing.
d. Impairing existing contracts for services or coIlective bargaining
agreements.
e. Engaging in partisan political activities or other activities designed to
influence the outcome af 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 af a Program that includes mandatory
religious instruction or worship; constructing or operating facilities
devoted to religious instruction or worship; maintaining facilities
primarily or inherendy devoted to religious insiruction or worship; or
engaging in any form of religious proselytization.
h. Providing a dicect benefit to:
i. a for-profit entity;
ii. a labor union;
iii. a partisan political organization; or
iv. an organization engaged in the religious activities described in
the preceding sub-clause, unless Grant funds are not used to
support the religious activides.
v. a nonprofit entity that fails to comply with the restrictions
contained in section 501(c) (3) of Title 26, except that nothing in this
section shalI be construed to prevent members or Participants from
engaging in advocacy activities undertaken at their own initiative.
i. Voter registration drives by AmeriCorps members. In addition to being
an unacceptable service activity, 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 Grantee.
Individuals 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.
6. FUND RAISING.
a. Members. A member's service actlvities may not include organized
fund raising, including financial campaigns, endowment drives,
solicitation of gifts and bequests, and similar activities designed for the
sole purpose of raising capital or obtaining contribudons for the
organization.
Finc! - Apn130. 1999 ' 8
Service activities that raise funds or in-kind contributions while
generating, involving and/or encouraging community support may be
considered appropriate and allowable, such as serve-a-thons, to the extent
they are in direct and immediate support of an acceptable direct service
and provided that they are not the Program's primary activity or involve
significant amounts of an individual member's time.
Prohibited activities for members include prepanng grant proposals,
performing other fund raising activities to help the Grantee achieve its
matching requirements or to support an organization's general operating
expenses, and providing fund raising assistance to other community-
based organizations that do not provide immediate and direct support to
a Grantee's approved direct service activity.
b. Staff. An AmeriCorps staff member's time and related expenses may
not be charged to the Corporation or Grantee share of the Grant while
engaged in organized fund raising, including financial campaigns,
endowment drives, the general solicitation of gifts and bequests, door-to-
door solicitations, direct mail, or similar activities for which the sole
purpose is raising capital or obtaining contributions for the organization.
Expenses incurred to raise funds may be paid out of the funds raised.
Devplopment officers and fund-raising staff are not allowable expenses.
Staff time and effort spent on raising the match requirements should be
incidental to the overall management of the Program, and should be
focused primarily on developing and disseminating information to
potential funders on the AmeriCorps Program and its achievements. Staff
can make presentations and educate funders on objectives, goals and
accomplishments. Efforts to involve the community in support of the
AmeriCorps program, such as obtaining medical contributions or
assistance at a health fair; donations of building supplies for an
AmeriCorps construction project; and coordinating community
participation in and support of a serve-a-thon and service activities are
also allowable.
7. ELIGIBILITY, RECRUITMENT, AND SELECTION.
a. Eligibility to enroll. The Grantee may select as AmeriCorps members
only those individuals who are eligible to enroll in AmeriCorps. In order
to be eligible, an individual must comply with sections ii- iv of the
definition of a member (Definitions, letter k). The Grantee is responsible
for obtaining and maintaining documentation certifying the eligibility of
members. An eligible member is an individual:
. i. who is a U.S. citizen. U.S. national or lawful permanent resident
alien of the United States;
ii. who is at least 17 years of age at the commencement of service
unless the member is out of school and enrolled
9
Final - Apri! 30. 1999
(a) 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
(b) in a Program for economically disadvantaged youth as
defined in the Act (42 U.S.C. §12572 (a) (9)), in which case he
ar she must be between the ages of 16 and 24, inclusive;
iii. has a high schooI diploma or an equivalency certificate [or
agrees to obtain a high school diploma or its equivalent before
using an education award] and who has not dropped out of
elementary or secondary school in order to 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 conducted by the Program to be incapable
of obtaining a high school diploma or its equivalent (provided that
the Corporation has waived the education attainment requirement
for the individual).
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, gender,
ages, socioeconomic backgrounds, educadonai 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 n.on-displacement rules governing member
selection.
u. National recruitment. To supplement local recruitment efforts,
the Grantee is encouraged to request referrals of eligible
individuals through the Corporation's national recruitment
database and the various State Commissions' recruitment systems.
The Corporation's overall goal is to have 2596 of AmeriCorps
members nation-wide recruited from the national pool. Grantees
may be asked to consider qualified individuals on the referral list.
but will not be required to select anyone. Prospective AmeriCorps
members may access the national recruitrnent database through the
Corporation's toll-free number, 1-800-94-ACORP/1-800-942-2677
(voice), or 1-800-833-3722 ('TDD).
iii. Policy on Enrolling ACMs Late in the 1999-2000 Program Year.
Due to the likelihood of amendments to the National and
Community Service Aci, State Commissions and Parent
Organizations are strongly discouraged from allowing their
programs and sites to bring on new AmeriCorps members late in
Final - Apri! 30, 1999 10
1999-2000 if inembers will be unable to complete at least a part-time
term of service by December 2000. -
c. Selection. The Grantee is responsible for establishing the minimum
qualifications for membership in the Program, selecting members that
meet those qualifications, and assigning members projects that are
appropriate to their skill levels. The Grantee must select members in a
fair, non-partisan, non-political and non-discriminatory manner, without
regard to the member's need for reasonable accommodation or child care.
without displacing paid employees, and in accordance with its approved
application. The Grantee is encouraged to select members who possess a
commitment to the goals of AmeriCorps.
d. Reasonable accommodation. Programs and acUvities 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.
By far, the vast majority of accommodations are inexpensive. For those
limited cases where reasonable accommodations are more costly, there is a
limited amount of money available through State Commissions to provide
accommodations for service members. By statute, only Subtitle C
competitive State and National Direct AmeriCorps Programs may use
these funds. The President's Committee on Employment of People with
Disabilities 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
tAN@jan.icdi.ww.edu, or website at www.nceRd.gov.
Accommodations that impose an undue financial or administrative
burden on the operation the program or fundamentally alter its nature are
not reasonable accommodations, and the Grantee must document and
prove any undue burden. Similarly, persons who pose a direct threat to
the health or safety to themselves or others, where the threat cannot be
eliminated by reasonable accommodation, are not qualified individuals
with disabilities, and 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 part-time members agreed upon in its approved applicadon.
A Program should make every effort to begin "classes" or terms of service
in January, June or September, with September serving as the primary
class or beginning of the Program year. Programs have the option of
filling the vacated slots at any time; however, the Corporadon specifically
discourages rolling admissions. Should a Program not be renewed,
members who were scheduled to continue in their terms of service either
may be placed in other Programs where feasible, or can receive a pro-
Final - Apri130, 1999 11
rated 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." 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 spansor.
The Family and Medical Leave Act's requirements as they apply to
AmeriCorps Programs are contained in 45 C.F.R. Part 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 should be maintained
within member or employee files.
i. Criminal charges. ACMs who are officially charged with a violent
felony, or with the sale or distribution of a controlled substance during a
term of service will have their service suspended without a Iiving
allowance and without receiving credit for hours missed. They may
resume AmeriCorps service if they are found not guilty or if the charge is
dismissed. If ACMs who have been cleared of such charges are unable to
complete their terms of service within one year, they may accept a pro-
rated education award as long as they have completed at least 15 percent
(255 hours full-time/ 135 hours part-time) of their service.
ACMs may elect to continue with their service beyond the first year
assuming the program is renewed and the grantee has the necessary
resources to absorb any additional costs. Again, the term of service may be
completed at another site, if both sites approve. ACMs who are convicted
of a criminal charge as described above must be terminated for cause from
the program, and they are not eligible for any portion of an educational
award.
8. TRAiNING, SUPERVISION AND SUPPORT.
Fena! -,lprtl 30, 1999 12
a. _ Planning for the term of service. The Grantee must develop member
position descriptions that provide for direct and meaningful service
actiyities and performance criteria that are appropriate to the skill level of -
members. Member activities may not include clerical work, research, or
fund raising activities unless such activities are incidental to the member's
direct service activities. The Grantee must ensure that each member has
sufficient opportunity to complete the required number of hours to
qualify for a post-service education award. In planning for the member's
term of service, the Grantee must account for holidays and other time off,
and must provide each member with sufficient opportunity to make up
missed hours.
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;
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 responsibilides, including the Program's code of conduct, prohibited
activities, requirements under the Dcvg-Free Workplace Act (41 U.S.C.
§701 et seq.), suspension and termination from service, grievance
procedures, sexual harassment, other non-discrimination issues, and other
topics as necessary.
d. Service-learning. The Grantee agrees to use service experiences to
help members achieve the skills and educadon needed for productive,
active citizenship, including the provision, if appropriate, of structured
opportunities for members to reflect on their service experiences.
Fina! - Apri! 30, 1999 13
e. Limit on education and training activities. No more than 20% of the
aggf-egate of all AmeriCorps member service hours in a Program may be -
spent in education, training or other non-direct 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 at least a mid-term
and end-of-term written evaluation of each member's performance,
focusing on such factors as:
I. whether the member has completed the required number af
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 membecs who are completing
a term of secvice and are making the transition to other education and
career opportunities.
I. Registration to vote. The Grantee shouid encourage all eligible
members to register and vote. However, the Grantee is prahibited 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 condnue to receive credit for their
normal service hours, a living allowance, health caze 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.
l. 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 resecvists to serve one
weekend a month plus 12 to 15 days a year (hereafter referred to as the
two-week active duty service).
Final -.lpri! 30. 1999 14
To the extent possible, grantees should seek to minimize the disruption in
members' AmeriCorps service as a result of dischazging 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. 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 child care coverage for the two-week period of active duty.
9. TERMS OF SERVICE.
a. Program requirements. Each Program must, at the start of the term of
service, establish the guidelines and definitions for the successful
completion of the Program year, ensuring that these Program
requirements meet the Corporation's service hour requirements as defined
below:
i. Full-time members. Members must serve at least 1700 hours
during a period of not less than nine months and not more than one
year.
ii. Part-time members. Part-time members who are not enrolled
in an institution of higher education must serve at least 900 hours
during a period of not more than two years.
iii. Reduced part-time members. Reduced part-time members
may serve at least 300 hours in a summer program or at least 450
hours over a time not to exceed one year.
Fina! - April 30, 1999 15
iv. Abbreviated service programs. Under special circumstances,
grantees may, with the Corporation's prior approval, implement ashortened program for a concentrated period such as summer.
These shorter programs require members to serve full-time or close
to full-time for the stipulated period. In no case will the
Corporation support a shortened program under which members
would serve just a few hours a week over an extended period of
time without a concentrated full-time period of service.
b. Service in a second term. Programs are under no obligation to enroll
members for a second term of service. To be eligible for a second term,
members must receive a satisfactory performance review for the first term
of service. In any event, members may receive in-service and post-service
benefits funded by the Corporation for only the first two terms of service.
c. Notice to the Corporation's Nadonal Service Trust. The Grantee must
notify the Corporation's National Service Trust immediately in writing
upon a member's enrollment in, completion of, lengthy or indefinite
suspension from, or release from a term of service. Lengthy or indefinite
suspension of service is defined as any extended period during which the
member is not serving service hours or receiving AmeriCorps benefits
because it is unclear when the member might return to the Program. The
Grantee also must notify the Trust when a member's status is approved
and changed (i.e. from full-time to part-time or vice versa). Failure to
report such changes within 30 days may result in sanctions to the Grantee
up to, and including suspension or termination. Forms for this filing wiil
be provided to the Grantee. Any questions regarding the Trust may be
directed to (202) 606-5000 ext. 347.
d. Notice to Child Care and Health Care providers. The Grantee must
notify the Corporation's designated agents immediately in wriung when a
member's status changes such that it would affect eligibility for child care
or health care. Examples of changes in status are converting a full-time
member to part-time member, the termination of or release from service,
and suspensions for cause or which are lengthy or indefinite. Program
d'uectors should contact AmeriCorps(&Care at 1-800-570-4543 on child caze
related changes, and if using the Corporation's Allianz health care policy,
should contact SRC at 1-800-788-6557.
e. Changing member status. Circumstances may arise within a program
that necessitate converting full-time members to part-time or vice versa.
The following distinguishes between converting unfilled AmeriCorps
member positions and converting currendy enroiled members from their
enrolled status. Note that once a member is given a partial education
award, the remaining portion of that educatian award is not available for
use.
i. Unfilled positions. State Commissions and Parent Organizations are
hereby delegated authority to approve or authorize the conversion of
unfilled full-time member positions to part-time within the following
Firta! - Aprr! 30,1999 16
parameters. The number of unfilled positions that may be converted
may not exceed 15% of the Parent Organization's or specific State _
Commission Program's awarded full-time equivalent positions or 10 '
full-time equivalent positions, whichever is less. For example, if a
Parent Organization or specific State Commission Program was
awarded 40 full-time equivalent positions, no more than 6(the lesser of
6 and 10) full-time equivalent positions may be converted for the
program. If a Parent Organization or specific State Commission
Program was awarded 100 full-time equivalent positions, no more
than 10 (the lesser of 15 and 10) full-time equivalent positions may be
converted. When positions are converted, the number of full-time
equivalents must remain the same within each program to maintain
the equivalent estimated cost per member. In other words, if you want
to replace 1 full-time unfilled member position, you must establish 2
part-time 900 hour positions.
Conversely, unfilled part-time positions may be converted to full-time
positions within the aforementioned constraints pertaining to number
and percentage limitations, number of full-time equivalents, education
awards provided, and available funds.
ii. Enrolled members.
(a) Full time. State Commissions and Parent Organizations may
authorize or approve occasional changes of currently enrolled full-
time members to part-time members within the first three months
of the member's service and within the constraints defined above in
section e.i. Impact on program quality should be factored into
approval of requests. The Corporation will not cover health care or
child care costs for part-time members, therefore appropriate
adjustments must be made. It is not allowable to transfer currently
enrolled full-time members to a part-time status simply to provide
a part-time education award. A Change of Status form must be
completed and forwarded to the Corporation within 30 days.
(b) Part-time. Converting part-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 three months 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.
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,
including those involving reduced part-time members, must come to
Firta! - Apri! 30, 1999 17
the Corporation for written approval with concurrence from the State
Gommission or Parent Organizadon.
10. RELEASE FROM PARTICIPATION.
On Apri19, 1999, the Corporation published in the Federal Register proposed
changes to the regulations governing release from participation, including the
criteria for determining compelling personal circumstances. After reviewing
public comments on the proposed changes, the Corporation will issue final rules
and will distribute a revised Clause 10 at that time.
11. MINOR DISCIPLINARY ACTIONS.
The Grantee may temporarily suspend or impose a fine on a member for minor
disciplinary reasons, such as chronic tardiness, as oudined in the conditions of
the member contract.
a. Temporary Suspension of Service. The period of suspension does not
count toward a member's required service hours. Further, members who
are suspended for minor disciplinary reasons may not receive a living
allowance for the suspension period.
b. Fines. If determined to be necessary for improvements in member
performance or attendance, the Grantee may impose a reasonable fine on
members for minor disciplinary problems consistent with the member
contract. The fines may not be calculated on an hourly basis. For
example, a member who is an hour late may not be fined an hour's worth
of living aliowance. Instead, the Grantee shall establish a written policy
on fines, which is not Iinked to an hourly rate. The Grantee may not
deduct fines from the member's living allowance.
12. LMNG 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 lacal Ievel
under 42 U.S.C. §12594 (g) is specifically approved in Section VII. Special
Conditions of the Award document. Programs that want to provide a
living allowance in excess of $8.130 must provide a Grantee match for all
funds over $7,420. Programs may not provide a living allowance benefit
above $17,376 unless it meets the conditions of a professional corps as
provided under 42 U.S.C. §12594 (c). Programs in existence prlor to
September 21, 1993 may offer a lower living allowance than the minimum;
Corporation funds will support only 8596 of the actual amount.
a. Living allowances. Unless othenvise agreed upon, a Grantee must
provide a living allowance to full-time members in accord with the
following:
i. Full time requirements. The established range for a full time
iiving allowance is between $8,730 and $17.376. The $8,730 is based
Fina! - Apnl 30. 1999 18
_ on the total average annual amount provided to VISTA volunteers-.
The Corporation will only fund up to 85% of the minimum living
allowance ($8,730), which is a maximum of $7,420 per full-time
member. A minimum of 15% must be matched by non-federal
sources. A Program that wants to provide a living allowance in
excess of $8,730 must provide a Grantee match for all funds over
$7,420. If the program is permitted to provide a living allowance
that is less than $8,730, the Corporation will only fund 85% of the
actual amount.
ii. Part time requirements. Programs are not required to pay part-
time members living allowances. If a Program chooses to pay part-
time members, it should prorate the full-time living allowance
based on the part-time member's service. The Corporation will
fund up to 85% of the pro-rated living allowance.
iii. Other Requirements. Programs may not provide a living
allowance benefit above $17,376 for full-time members unless
permitted under 42 U.S.C. §12594(c), or pro-rated based on number
of hours for part-time. Programs in existence prior to September
21, 1993 may offer a lower living allowance than the minimum
($8,730 for full-time members, or pro-rated for part-time); however,
Corporation funds will only support 85% of the.actual amount.
b. Living Allowance Distribution. The living allowance is designed to help members meet the necessary living expenses incuned 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 period.
Programs should pay the living allowance in increments, such as weekly
or bi-weekly. Programs may use their organization's payroll system to
process members' living allowances. However, if a payroll system cannot
be altered and must show 40 hours in order to distribute a living
allowance, then members' service hours should be documented separately
to keep track of their progress towards the Program's total required
AmeriCorps service hours.
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 ellgible 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 revokes the waiver, he or she may begin receiving
the living allowance only from the date on which the waiver was
revoked; the member may not receive any portion of the living
allowance that accrued during the waiver period.
Firtcl - April J0. 1999 19
d. Taxes and Insurance.
_ i. FICA. Unless the Grantee obtains a ruling from the Internal _
Revenue Service that specifically exempts its AmeriCorps members
from FICA requirements, the Grantee must pay FICA for any
member receiving a living allowance. The Grantee also must
withhold 7.65% from the member's living allowance.
ii. Income Taxes. The Grantee must withhold personal income
taxes from member living allowances, requiring each member to
complete a W-4 form at the beginning of the term of service and
providing a W-2 form at the close of the tax year.
iii. Unemployment insurance. The U.S. Department of Labor
ruled on April 20, 1995 that federal unemployment compensation
law does not require coverage for members because no employer-
employee relationship exists. The Grantee cannot charge the cost of
unemployment insurance taxes to the Grant unless mandated by
state law. Programs are responsible for determining the
requirements of state law via their State Commission, legal counsel
or the applicable state agency.
AmeriCorps*National and AmeriCorps*Tribes and Territories
Grantees must coordinate with their State Commissions to
determine a consistent state treatment of unemplayment insurance
requirements. State Commissions must coordinate the
determination of the state's legal requirements to pay
unemployment insurance for members with the Corporation's
General Counsel. The Grantee must receive written approval from
a Corporation Grants Officer before charging such expenses to the
Grant, even if they are contained in the approved budget.
iv. Worker's compensation. Worker's Compensation is an
allowable cost to the Grant The Grantee is responsible for
determining whether state law requires the provision of worker's
compensation for members. If a Program is not required by state
law to provide worker's compensation, the Program must obtain
Occupational Accidental Death and Dismemberment coverage for
members to cover in-service injury or incidents.
v. Liability Insurance. The Grantee must have adequate liability
coverage for the organization, employees and members, including
coverage of inembers engaged in on- and off-site project activities.
e. Health care coverage. The Grantee must provide a health care policy to
those full-tlme 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 senrice as a result of participating
in the Program or through no deliberate act of their own. The Corporation
will not cover health care costs for family members or for part-time
members.
i. Minimum benefits. The health care policy must meet the
following minimum benefits:
Fino1-,ipii( 30, 1999 20
• 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 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. Corporation health care policy. Programs without existing
health care coverage or with coverage that does not meet the
minimum requirements may select the AmeriCorps alternative
health care policy. Information and brochures relative to this
coverage will be provided by the Corporation's administering
agent, Strategic Resource Company (SRC). Programs that have not
received information, or that have additional questions, may
contact SRC at 1-800-788-6557. It is the Program Director's
responsibility to enroll members into the policy at the beginning of
the service term and to notify SRC of any changes in the group
enrollment during the program year.
iii. Use of an exdsting health care policy. If a Grantee is going to
use a health care policy that chazges more than $150 per month per
member to the Corporation, a copy of the policy along with a
summary of its coverage and costs must be sent to the
Corporadon's Grants Office. Grantees with a National Association
of Service Conservation Corps (NASCC) policy at the time of their
initial application for the AmeriCorps Grant only need to notify the
Grants Office.
iv. Part-time members. Although no portion of health insurance
expenses for part-time members may be paid from Corporation
funds. Programs may choose to provide health care to part-time
members from other sources.
v. Part-time members serving in a full-time capacity. Part-time
members who are serving in a full-time capacity for a sustained
period of time (such as a full-time summer project) may be eligible
for health care benefits supported with Corporation funds,
although that coverage must be approved in the Grant or via prior
written approval from the Corporation.
f. Child care. The Grantee must ensure that child care is made available
to those full-time members who need such assistance in order to
participate. Members are not eligible to receive child care from
AmeriCorps while they are receiving other child care subsidies.
Final - April 30, 1999 21
i. Member eligibility. A member is considered to need child care
in order to participate in the Program if: -
(a) he or she is the parent or legal guardian (or acting in loco
parentis ) for a child under the age of 13 who resides with
the member;
(b) he or she has a family income that does not exceed the
state's income eligibility guidelines for a family of the same
size. At a maximum, family income can be no more than
75% of the state's median income; and
(c) at the time of acceptance into the Program, he or she is
not receiving child care from another available source.
ii. Qualified providers. To be eligible for payment with
AmeriCorps funds, a child care provider must qualify under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. §
9858c(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 child care paymenLs, which will be
administered through the National Association of Child Care
Resource and Referral Agencies (NACCRRA), hereafter referred to
as AmeriCorps(MCARE. Grantees that choose to provide child care
as a match source (as approved in their budget) may use
AmeriCorps(&CARE for technical assistance. Grantee's can contact
AmeriCorpsSCARE at 1-800-570-4543 with questions regarding
child care.
iv. Program Director's responsibilities. In addition to
determining a member's eligibility at the start of their term of
service, Program directors are required to notify
AmeriCorps(VCARE immediately in writing when:
(a) a member is no longer eligible for child care benefits due to
a change in the member's eligibility status (e.g., family income
exceeds the limit, the child turns 13, a full-dme member
becomes a part-time member, or a member leaves the Program);
(b) new or existing members become eligible for child care
benefits;
(c) a member wishes to change child care providers or a child
care provider will no longer provide child care services; or
(d) a member is absent from the Program for excessive periods
of tlme (five or more days in a month).
Costs incurred due to the Grantee's failure to keep
AmeriCorpsODCARE immediately informed of changes in a
member's status may be charged to the Grantee's organization.
v. Part-time members. Although no portion of child care
expenses for part-time members may be paid from Corporation
funds, Programs may choose to provide child care to part-time
members from other sources.
vi. Part-time members serving in a fuIl-time capacity. Part-time
members who are serving in a full-time capacity for a sustained
firra!-,fpril30. 1999 22
_ period of time (such as a full-time summer project) may be eligible
for child care benefits supported with Corporation funds, although'
that coverage must be approved in the Grant or via prior written
approval from the Corporation.
vii. Payments. Payments or reimbursement for child care benefits
will be made for eligible members to qualified providers from the
date child care need was established after service began. No
payments and reimbursements will be made in the event the
AmeriCorps member was ineligible, or if the provider was not
qualified under the state guidelines.
g. Family and Medical Leave. AmeriCorps members who have served
for at least 12 months and 1250 hours can take family and medical leave in
accordance with the Family and Medical Leave Act of 1993 (FMLA),
provided the sponsoring institution, if non-federal, employs staff of more
than 50 people. (See the Corporation's Reguladons at 45 C.F.R. Part
2540.220) Under FMLA, members may take up to 12 weeks of unpaid
leave during a 12 month period for the following reasons:
i. the birth of a child;
ii. the placement of a child with an AmeriCorps member through
adoption or foster care;
iii. serious illness of an AmeriCorps member's spouse, child or
parent; or
iv. serious iliness preventing the AmeriCorps member from
performing his or her essential service duties. According to
Corporation regulations, a serious health condition is an iliness
requiring in-patient care or condnuing treatment by a health care
provider.
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 eligihility 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 weeks. The length of
the leave must be based on two considerations: (1) the circumstances of
the situation: and (2) the impact of the absence on the member's service
experience, and the overall program. If the disruption would seriously
compromise the member's service experience or the quality of the
program as a whole, then the grantee may offer the member the option of
rejoining the program in the next class or completely withdrawing from
the program.
The 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 may continue to provide health care coverage to members on
family and medical leave. If at the end of the leave, a member decides not
to rejoin the program. FMLA allows grantees to recover their health
premium payments, unless the reason for not returning is the
Fina( - Api[ 30, 1999 23
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.
h. Federal Work Study. Upon Corporation approval, Work Study
students may be enrolled as AmeriCorps members. AmeriCorps member
benefits are reserved to those individuals who enroll in an AmeriCorps
position in a program that has been approved by the Corporation. Except
as required by Federal Work Study regulations, AmeriCorps members
may not be paid on an hourly basis.
Federal Work Study funds are treated as any other federal funds and do
not affect Grantee matching requirements. Programs that use Federal
Work Study funds to support members still have to raise at least 15
percent of inember support costs through non-federal sources.
13. 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 educational beneFt. The Grantee must
notify the National Service Trust on a form provided by the Corporation when it
enrolls a member for a term of service, when the member completes the term,
and whenever there is a change in the member's siatus 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. One full-
time and one-part time term of service count as two terms. If a member is
released for reasons ather 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 Nadonal 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 deflned by the program. For example, if successful
compledon of a full-time program requires 1,800 service hours, members in that
particular program aze 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 1596 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.
Finc! - Apri! 30,1999 24
14. MATCHING REQUIREMENTS.
a. Matching obligation. The Grantee must provide and account for the
matching funds as agreed upon in the approved application and budget.
All programs are required to raise some funds from the private sector, i.e.
non-governmental funds.
The Corporadon's statute requires, at a minimum, the following aggregate
matches:
I. Member Support Costs : 15%
including Living Allowance. FICA, Unemployment Insurance,
Worker's Compensation and Health 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. Part 2543) or A-110 (45 C.F.R. Part
2541), as applicable.
b. Cash match for Member Support Costs. The Grantee's matching
contributions for Member Support Costs (excluding health care) must be
in non-federal cash, unless otherwise authorized in accordance with
AmeriCorps Special Provision 12, Living Allowance. 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 Support
Costs, as indicated in the approved budget, during each reporting quarter.
c. Cash or in-kind match for Program Operating Costs. Contributions,
including cash and third party in-kind, will be accepted as part of the
Grantee's matching share for Program Operating Costs (defined as those
other than the Member Support Costs) when such contributions meet all
of the following criteria:
I. They are veri8able 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; and
iv. They are allowable under applicable cost principles.
d. Exception for volunteer community service. Because the purpose of
this Grant is to enable and stimulate volunteer community service, the
Grantee may not include the value of direct community service performed
by volunteers. However, the Grantee may include the value of volunteer
services contributed to the organizadon for organizatlonal functions such
as accounting, audit, training of staff and AmeriCorps Programs.
Final - Apri/ 30, 1999 25
e. Administrative costs. Administrative costs cannot exceed 5% of total
Corporation funds actually expended. Administrative costs which exceed -
the Corporation's maximum administrative cost limit of 5% but which
otherwise would have been allocable to the Grant, are allowable as the
matching share under the Administrative costs budget line item. See
General Provisions, Clause 24, Administrative Costs.
f. Valuation. The value of Grantee contributions of services and
property will be determined in accordance with applicable cost principles
set forth in OMB Circulars A-21, A-87 and A-122, and the approved
budget.
15. MEMBER RECORDS AND CONFIDENTIALITY.
a. Record-keeping. The Grantee must maintain verifiable records which
document each member's eligibility'to serve based upan citizenship or
lawful permanent residency, birthdate, level of educational attainment,
date of high school diploma or equivalent certificate (if attained),
participadon start date and end date, hours of service per week, location
of service activities and project assignment. The records must be suff'icient
to establish that the individual was eligible to participate in the Program
and that the member successfully completed the Program requirements
with a minimum of 1700 hours of participation as a full-time member or
900 hours of participation as a part-time member. The signed member
contract should also be maintained in Grantee files.
b. No high school diploma. If a member does not have a high school
diploma or its equivalent at the time of enrollment, the Grantee must
maintain a record of the member's elementary or high school drop-out
date, the member's written agreement to obtain a high school diploma or
its equivaient before using,the education award, and, if applicable,
verification of the member's enrollment at an institution of higher
education on an ability to benefit basis and eligibility for funds under §
484 of the Higher Education Act. If the member has been determined to
be incapable of obtaining a high school diploma or its equivalent, the
Grantee must retain a copy of the supporting independent evaluation.
c. ConSdential member information. The Grantee must maintain the
confidentiality of information regarding individual members. The
Grantee must obtain the prior written consent of all members before using
their names, photographs and other identifying information for publicity,
promotional or other purposes. Parental or legal guardian cansent must
be obtained for members under 18 years of age. Grantees may include an
informed consent form as part of the member contract materials which are
signed at the time the member enrolls.
Grantees may release aggregate and other non-identifying information,
and are required to release member information to the Corporation and its
designated contractors. The Grantee must permit a member who submits
Finc! - Apn130. 1999 26
a written request for access to review records which pertain to the
meri3ber and were created pursuant to this Grant.
16. BUDGET AND PROGRAMMATIC CHANGES.
a. Programmatic changes. The State Commission or Parent Organization
must obtain the prior written approval of the Corporation before making
the following changes in the approved Program:
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 sub-Grants or contracting out any
AmeriCorps Program activities funded by the Grant and not
specifically identified in the approved application and grant.
b. Changes in the budget. The Grantee must obtain the prior written
approval of the Corporation before deviating from the approved budget
in any of the following ways:
i. Budgetary transfers to absorb administrative costs above the
amount specified in the approved budget, if below the 5%
maximum limit.
ii. Reallocation of funds from the "Member Support Cost"
category to other categories of the approved budget. However, the
Grantee may reallocate funds within the line items in this category,
except for increases in health care cost per member, which must be
approved. The speciFc line items covered by this subclause are:
(a) Living allowance.
(b) FICA, worker's compensation, and unemployment
insurance and
(c) Health care (or alternative health care).
iii. Within the "Other Member Costs" category, the Grantee may
not decrease funds budgeted for training and education without
prior Corporation approval.
iv. Specific Costs requiring prior approval before incurrence
under OMB Circulars A-21, A-87 or A-122. For certain cost items,
the cost circulars require approval of the awarding agency for the
cost to be allowable. F.xamples of these costs are overtime pay,
rearrangement and alteration costs, and preaward costs.
v. Purchases of equipment over $1,000 (One thousand) using
Grant funds, unless specified in the approved application and
budget.
c. Approvals of Programmatic and Budget Changes. The Corporation's
Grants Officers are the only officials who have the authority to alter or
change the provisions or requirements of the Grant. The Grants Officers
will execute written amendments or changes to the Grant, and Grantees
should not assume approvals have been granted unless documentation
from the Grants Office has been received.
Frnal - Apri! 30, 1999 27
17. REPORTING REQUIREMENTS.
a. Financial Status and Progress Reports. State Commissions and Parent
Organizations are required to submit semi-annual Financial Status Reports
and semi-annual Progress Reports to the Corporation. State Commissions
and Parent Organizations must submit these reports by the dates to be
determined and include 3 copies along with the original.
i. Financial Status Reports (FSR 269a). AmeriCorps*State
programs and most AmeriCorps*National sites that receive
subgrants must submit at least two Financial Status Reports (SF
269a) to their respective State Commission or Parent Organization.
In general, if a site has a Corporation-approved budget then
submission of an FSR for that site/sub-Grantee is required. State
Commissions and Parent Organizations will set their own
submission deadlines for their respective programs and sites. State
Commissions/Parent Organizations are required to forward
Financial Status Reports (FSR 269a) from programs and budgeted
sites to the Corporation's Grants Office 30 days after the close of
each calendar quarter. These reports should be forwarded to the
Grants Office.
ii. Progress Reports. Guidance on required to.pics and formats
will be provided by the Corporation prior to the scheduled
reporting dates. These reports should be forwarded to the Program
Office.
The Corporation will issue submission dates for the FSRs and
Progress Reports when they are determined. Due to the reduced
reporting requirements, the dates will coincide with the
submission dates of applications to the Corporation.
iii. AnnuaUFinal Reports. State Commission programs and Parent
Organizations compledng the final year of their grant must submit,
in lieu of the last quarterly progress report, afinal progress report
that is cumulative over the entire grant period. This progress
report is due 90 days after the close of the grant. Guidance on
required topics and formats will be sent during the coming fiscal
yeaz.
iv. Final Financial Status Reports. State Commissions and Parent
Organizations completing the final year of their grant must submit,
in lieu of the last quarterly FSR, a flnal FSR that is cumulative over
the entire grant period. This FSR is due 90 days after the close of
the grant.
b. AmeriCorps Member-Related Forms. The following documents are
r•equired from the Grantee:
i. Enrollment Forms. State Commissions and Parent
Organizations must submit Member Enrollment Forms to the
Corporadon no later than 30 days after a member is enrolled.
Fina1- Apri! 30, 1999 28
ii. Change of Status Forms. State Commissions and Parent
Organizations must submit Member Change of Status Forms to the
Corporation 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. Programs must submit
Member Exit/End-of-Term-of-Service Forms to the Corporation no
later than 15 days after a member exits the program or finishes
his/her term of service.
c. Accomplishment Surveys. The Annual Accomplishments Report is a
survey used to compile all AmeriCorps achievements during the program
year. During the course of the year, a contractor will contact programs
regarding details and the administration of the survey.
For fall start-ups, these are due October 31, 2000; for January start-ups,
they are due January 31, 2001.
d. Benefit Provider pocumentation. Programs are responsible for
contacting applicable benefit providers immediately and directly
(AmeriCorpsOCare, Allianz, and others) when a change of status affects
the eligibility of a member or when a member leaves the program early.
18. RENEWAL OF GRANT.
Unless otherwise specified, the Grant is made for the period specified in the
Grant to cover one Program year. The Corporation will provide further
guidance on any renewal processes in the coming fiscal year.
Fina! - Apn( 30, 1999 29
_ C. GENERAL PROVISIONS
19. TERMS OF ACCEPTANCE.
The Grant Provisions are binding on the Grantee. By accepting this Grant, the
Grantee agrees to comply with the Grant and applicable federal statutes,
regulations and guidelines. The Grantee agrees to operate the funded Program
in accordance with the approved Grant application and budget, supporting
documents, and other representations made in support of the approved Grant
application. The Grantee agrees to include in all subgrants the applicable terms
and conditions contained in this award.
20. LEGISLATIVE AND REGULATORY AI'THORITY.
This Grant is authonzed by and subject to the National and Community Service
Act of 1990 as amended, codified as 42 U.S.C. §12501 et seq., and 45 C.F.R. Part
2510 et seq.
21. OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE
PROVISIONS.
The following applicable federal cost principles, administrative requirements
and audit requirements are incorporated by reference:
a. States, Indian tribes,.U.S. Territories, and local governments. The
following circulars and their implementing regulations apply to states,
Indian tribes, U.S. territories, and local governments:
i. Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments 45
C.F.R. Part 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 Institutions of Higher Education, Hospitals and
Other Nonprofit Organizations 45 C.F.R. Part 2543.
ii. OMB Circular A-122, Cost Principles for Nonprofit
Organizations.
iii. OMB Circular A-133, Audits of States, Local Governments and
Non-Profit Organizations.
c. Educational institutions. The following circulars and their
implementing regulations apply to educational institutions:
Fina!-Apnl90, 1999 30
_ i. Uniform Administrative Requirements for Grants and _
Agreements with Institutions of Higher Education, Hospitals and
Other Nonprofit Organizations 45 C.F.R. Part 2543.
ii. OMB Circular A-21, Cost Principles for Educational Institutions.
iii. OMB Circular A-133, Audits of 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.
22. RESPONSIBILITIES UNDER GRANT ADMINISTRATION.
a. Accountability of Grantee. The Grantee has full fiscal and
programmatic responsibility for managing all aspects of grant and grant-
supported activities, subject to the oversight of the Corporation. The
Grantee is accountable to the Corporation for its operation of the
AmeriCorps Program and the use of Corporation grant funds. It must
expend grant funds in a judicious and reasonable manner. Although
Grantees are encouraged to seek the advice and opinion of the
Corporation on special problems that may arise, such advice does not
diminish the Grantee's responsibility for making sound judgments and
does not mean that the responsibility for opeiating decisions has shifted to
the Corporation.
b. Notice to Corporation. The Grantee will notify the appropriate
Corporation's Program or Grants Officer immediately of any
developments or delays that have a significant impact on funded
activities, any significant problems relating to the administrative or
financial aspects of the Grant, or any suspected misconduct or
malfeasance related to the Grant or Grantee. The Grantee will inform the
Corporation official about the conective 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-recipient.
23. 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 disdnguishing
Final - Apl130, 1999 31
expenditures attributable to this Grant from expenditures not attributable
to this Grant. This system must be able to identify costs by programmatic
year and by budget line item, and to differentiate between direct and
indirect costs or administrative costs. For further details about the
Grantee's financial management responsibilities, refer to OMB Circulars
A-102 (for State and i.ocal Governments) and A-110 (for Institutions of
Higher Education and Non-Profit Organizations).
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.
c. Time and attendance records.
I. Staff.
(a) Except as provided in (b) and (c) below, saiaries 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) beiow, salaries and
wages chargeable between this Grant and other programs or
functions of the Grantee organization must be supported by
signed time and attendance records for each individual
regardless of position appropriately distributing the
individual's time to the different programs or functions.
(b) Educationai 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
standazds of Section l l.h of OMB Circular A-87 for the support
and documentation of saiaries 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 both by the member
and by an individual with oversight responsibilities for the
member.
d. Audits. Recipients of federal grant awards are required to have audits
performed in accordance with the Single Audit Act, as amended.
Recently revised OMB Circular A-133, Audits of States, Local
Fina! - Apri! 30, 1999 32
Goyernments and Non-Profit Organizations, provides guidance on new -
audit requirements pursuant to Public Law 104-156 (The Single Audit Act
Amendments of 1996, enacted July 5, 1996). The 1996 Amendment
established a$300,000-threshold of annual federal expenditures for these
audits for fiscal year ending June 30, 1997 or later.
A recipient of a Federal grant award (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 of all requirements imposed
on them: (3) monitor subrecipient activities and compliance: (4) ensure
subrecipients have A-133 audits when required; (5) issue decisions and
ensure follow-up on audit findings in a timely way; (6) where necessary,
adjust its own records and financial statements based on audits: and (7)
require subrecipients to permit access by the pass-through entity and
auditors to records and financial statements as necessary for the pass-
through entity to comply with A-133.
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).
24. ADMINISTRATNE COSTS.
a. Definitions. "Administrative costs" mearis 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
Office of Management and Budget 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 financial, accounting, auditing, contracting or general
legal services except in unusual cases where they are specifically
approved in writing by the Corporation as program costs;
H. costs for internal evaluation, including overall organizational
management improvement costs (except for independent and
internal evaluations of the Program or project that evaluations are
specifically related to creative methods of quality improvement);
and
iii. costs for general liability insurance that protects the
organization(s) responsible for operating a Program or project,
other than insurance costs solely attributable to the Program or
project.
Final -.lpn! 30, 1999 33
Administrative costs may also include that portion of salaries and benefits
of the Program's director and other administrative staff not attributable to
the time spent in support of a specific Program or project. The principles_
thar pertain to the allocation and documentation of personnel costs are
stated in the OMB circulars that are incorporated in Corporation
regulations [45 CFR Part 2541.220(b)].
Administrative costs generally do not inciude 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 cavered in an organization's
indirect cost rate, attributable to staff that work in a direct Program
or project support, operational, or oversight capacity, including, .
but not limited to: support staff whose functions 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 direcdy 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 direcdy attributable to a Program
or project.
b. Limitation by statute. Administrative costs cannot exceed 596 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 of an indirect cost rate.
d. Ind'uect Cost Rates.
• i. If grantees have an approved indirect cost rate, such rate will
constitute documentation of the graritee's administrative costs
Fina! - April 30, 1999 34
_ 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
administradve 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.
25. EQUIPMENT AND SUPPLIES COSTS.
a. Definition of equipment. For the purposes of this clause, "equipment"
is defined as tangible non-expendable personal property having a useful
life of more than one year and an acquisition cost of $5,000 (five thousand)
or more per unit (including accessories, attachments and modifications).
b. Definition of supplies. For the purpose of this clause, "supplies"
means all personal property excluding equipment.
c. Allowable purchases. Equipment and supplies are allowable as a
direct cost under the Grant provided that the purchase of equipment or
supplies with a unit acquisition cost of $ 1,000 or more has written prior
approval by the Corporation or was specifically included in the approved
budget.
d. Prior approval for equipment or supplies purchases. In requesting
prior approval from the Corporation, the Grantee will assure that each
purchase of equipment or supplies:
I. Is necessary, reasonable, and cost-effective in meeting the Grant
objectives;
ii. Does not duplicate other equipment or supplies that are
reasonably available and accessible to the Grantee; and
iii. Is purchased in accordance with the Grantee's standard
practices.
e. Tide to equipment. Unless otherwise specit3ed, dde to equipment
acquired by the Grantee with Grant funds vests in the Grantee, subject to
the conditions specified in this clause and applicable OMB circulars. The
Corporadon reserves the right to transfer tlde to the federal government
or to a third party named by the Corporation upon completion of the
Final - April 30, 1999 35
Corporation Grant. The Corporation will issue disposition instructions
within 120 calendar days after the end of the Corporation's support of the -
project for which it was acquired. If the Corporation does not act within
this timeframe, title vests with the Grantee.
f. Conditions of use. The Grantee will use the equipment in the
Program for as long as it is needed, whether or not the Program continues
to be supparted with federal funds. If multiple uses will not interfere with
the Program's needs, the Grantee will make the equipment available for
use in other activities supported by the Corporation, or by other federal
agencies. When no longer needed for the Program, the Grantee may use
the equipment in connection with other activities sponsored by the
Corporation or, if inapplicable, with other federally-sponsored activities.
g. Encumbrances. The Grantee must not encumber the equipment
without prior written approval by the Corporation.
h. Trade-ins and offsets. The Grantee may sell or trade-in the original
equipment to offset the cost of replacement equipment with the written
consent of the Corporation.
i. Inventory controls. Equipment with a unit acquisition cost of $5,000
or more is subject to reasonable property management standards and
inventory controls in accordance with OMB Circulars A-110 and A-102.
including:
i. adequate maintenance procedures and loss safeguards;
ii. physical inventories conducted at least once every two years;
iii. maintenance of equipment records that include:
(a) the description and source of the equipment (including
Grant number);
(b) the manufacturer's serial number or other identification
number;
(c) the tiUe holder's name and address;
(d) the acquisition date and cost;
(e) the unit acquisition cast;
(fl the percentage of federal fmancial participation;
(g) date, location and condition; and
(h) disposition and loss information.
j. Disposition of Equipment. For equipment with a fair market value of
$5,000 or more at the end of the Program, the Grantee may retain the
equipment for use in non-federally- sponsored activities, provided that
compensation is made to the Corporation as specified in OMB circulars A-
110 and A-102. If the Grantee has no need for the equipment, it will
request disposition instructions from the Corporation. Equipment with a
fair market value of less than $5,000 at the end of the project may be
retained, sold or disposed of without further obligation to the
Corporation, subject to the conditions of Section 25d of this provision.
Fina! - Apri! 30, 1999 36
26. PROJECT INCOME.
a. General. Income earned as a direct result of the Program's activities
during the award period will be retained by the Grantee and used to
finance the non-Corporadon share of the Program.
b. Fees for service. When using assistance under this Grant, the Grantee
may not enter into a contract for or accept fees for service performed by
members when:
i. the service benefits a for-profit entity;
ii. the service falls within the other prohibited Program activities
set forth in Clause 5 of these Grant Provisions; or
iii. the service violates the non-displacement Provisions of the Act,
set forth in Clause 33 of these Grant Provisions.
27. 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. Part 2541) or A-110 and its implemendng
regulations (45 C.F.R. Part 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.
Part 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-bearing
accounts. The exceptions to this requirement follow:
i. Institutions of higher education and other non-profit
organizations. If a Grantee is covered by OMB Circular A-110, it
must maintain advance funds in interest-bearing accounts unless:
(a) it receives less than $120,000 in federal funds per year;
(b) the best reasonably available account would not be
expected to earn interest in excess of $250 per year on federal
• cash balances: or
(c) the required minimum balance is so high that it would
not be feasible within expected federal and non-federal cash
resources.
Final-.Ipril30. 1999 37
_ Earned interest must be remitted annually to HHS-PMS, Rockville,
-MD 20852. Grantees may keep up to $250 of interest per year to _
offset administrative expenses.
ii. State and local governments. All Grantees and sub-Grantees
covered by OMB Circular A-102, with the exception of State
Governments and Indian Tribes, must remit earned interest
quarterly to the Corporation. Grantees may keep up to $100 of the
earned interest per year tfl offset administrative expenses.
28. RETENTION OF RECORDS.
The Grantee must retain and make available all financial records, supporting
documentation, statistical records, evaluadon data, member information and
personnel records for 3 years from the date of the final submission of the final
Financial Status Report (SF269A). If an audit is started prior to the expiradon of
the 3-year period, the records must be retained until the audit fmdings involving
the records have been resolved and final action taken.
29. SITE VISITS.
The Corporation reserves the right to make site visits to review and evaluate
Grantee records, accomplishments, arganizational procedures and financial
control systems; to conduct interviews; and to provide technical assistance as
necessary. To the extent feasible, these will be coordinated with, and in most
cases organized by, State Commissions for AmeriCorps*State programs, parent
organizations for AmeriCorps*National project sites, and Program Officers for
AmeriCorps*Tribes and Territories Programs. Site visits will be made in the least
disruptive manner possible.
30. LIABILITY AND SAFETY ISSUES.
a. Liability coverage. The Grantee must have adequate liability coverage
for the organization, employees and members, including coverage of
members engaged in on- and off-site project activities.
b. Member safety. The Grantee must institute safeguards as necessary
and appropriate to ensure the safety of inembers. Memhers may not
participate in projects that pose undue safety risks. Public safety
Programs and other Programs posing a significant risk to members must
adhere to applicable Provisions of the safety protocol issued by the
Corporation and found in the Program Directors' Manual.
31. 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
Fina1- Apri130, 1999 38
C.F.R. Part 2542, and the Grantee's certification, the Grantee must
publish a statement notifying employees and members that:
_ i. the unlawful manufacture, distribution, dispensation, possession-
or use of a controlled substance is prohibited in the Grantee's
workplace and Program;
ii. conviction of any criminal drug statute must be reported
immediately to the Grantee;
iii. that the employee's employment or member's participation is
conditioned upon compliance with the notice requirements; and
iv. certain actions will be taken against employees and members
for violations of such prohibitions.
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 10 days of receiving notice of such
conviction. The Grantee must take appropriate action against such
employee or member up to and including termination or member release
for cause consistent with the Corporation's rules on termination and
suspension of service, or require the employee or member to satisfactorily
participate in an approved drug abuse assistance or rehabilitation
Program.
c. Dtvg-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.
32. NON-DISCRIMINATION.
a. Assurances. The Grantee assures that its program or actlvity, 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 assures that it will obtain an
assurance of such compliance prior to extending Federal Hnancial
assistance to subgrantees. The U.S. Government shall have the right to
seek judicial enforcement of these assurances.
Final - April 30. 1999 39
b. Discrimination prohibited. A person, including members. service
recipients, or Program staff, may not, on the grounds of race, color,
national origin, sex, age, political affiliation, disability (for otherwise
qualified individuals with disabilities), or religion (as it relates to staff,
applies only to Program staff paid with Corporation funds but excludes
staff paid with Corporation funds who were employed by the Grantee on
the date the Corporation grant was awarded), 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, and
includes but is not limited to:
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. segregating or subjecting a person to separate treatment;
v. providing an aid, benefit, or service to a qualified disabled person that
is less effective in affording opportunity to obtain the same result,
vi. gain the same benefit, or reach the same level of achievement;
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
suhjecting 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.
c. Public Notice of Nondiscrimination. The Grantee must notify
members, service recipients, applicants, Program staff, and the public,
including those with impaired vision or hearing, that they operate their
Final -Apri1.30, 1999 40
program or activity subject to the nondiscrimination requirements of the
applicable statutes, summarize the requirements, note the availabiliry of
compliance information from the Grantee and the Corporation, and
briefly explain procedures for filing discrimination complaints with the
Corporation. Sample language is:
It is against the law for organizations that receive federal financial
assistance from the Corporation for National Service to
discriminate on the basis of race, color, national origin, disability,
sex, age, political affiliation, or, in most programs, religion. It is
also unlawful to retaliate against any person or organization who
files a complaint about such discriminadon.
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
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 Service
1201 New York Avenue, NW
Washington, D.C. 20525
(202) 606-5000, ext. 312 (voice); (202) 565-2799 (TDD)
(202) 565-2816 (FAX); eoacns.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 posted in prominent locations, as
appropriate. They must also notify the public in recruitment material and
application forms that they operate their 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 signiflcant 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 Cocporation timely, complete, and
accurate compliance information to allow the Corporation to determine if
the Grantee is complying with the civil rights statutes and implementing
regulations. Where a Grantee extends federal financial assistance to
subgrantees, the subgrantees must make available compliance information
to the Grantee so it can carry out its civil rights obligations.
Fina! - April 30, 1999 41
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 of the 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:
Hispanic/Latino/Spanish culture or origin or non-
Hispanic/Latino/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 Pacific Islander
White
e. Obligation to Cooperate. The Grantee must cooperate with the
Corparation 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 of the Grantee to
determine civil rights compliance. Any person who believes
discrimination has occuned may file a discriminatian complaint with the
Corporation's Equal Opportunity Office. The Graniee 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
identlty of complainants and witnesses confldential except as necessary to
conduct an investigation, hearing, or judicial proceeding.
The Corporatlon 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 resoive the matter by
voluntary means. If the matter cannot be resolved by volunEary means,
the Corporation will initiate formal enforcement action. .
Final - .I pri130. 1999 42
Discximination 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
Corporation. 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 of the 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 a review authority over the investigation and
disposition of all discrimination complaints.
g. Self-evaluation requirements. The Grantee must comply with the
self-evaluation requirements under section 504 of the Rehabilitation Act
regarding accessibility for individuals with disabilities. They must
comply with the self-evaluation requirements of the Age Discrimination
Act of 1975. They must also comply with the self-evaluation requirements
under title IX of the Education Amendments of 1972 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 acns.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 er seq.), section 504 of
the Rehabilitation Act of 1973 as amended (29 U.S.C. §794), title IX of the
Education Amendments of 1972 (20 U.S.C. §1681 et seq.)the Age
Discrimination Act of 1975 as amended(42 U.S.C. §6101 et seq.) , the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatrnent
and Rehabilitation Act of 1970 (P.L. 91-616), as amended, the Public
Health Service Act of 1912 as amended (42 U.S.C. §§290dd-3 and 290ee-3),
and the requirements of any other non-discriminadon provision in the
National and Community Service Act of 1990, (42 U.S.C. §12635) or any
other applicable non-discrimination provision.
33. SUPPLEMENTATION, NON-DUPLICATION AND NON-
DISPLACEMENT.
a. Supplementation. Grant funds may not be used to replace state or
local public funds that had been used to support Programs or projects of
the type eligible to receive Corporadon Grant funds. For any given
Program, this condition will be satisfied if the aggregate non-federal
Finat - April30, 1999 43
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 selecting an employee for participation. The
Grantee may not select a member who is employed by the Grantee
or who was employed by the Grantee in the previous six months,
unless the Corporation waives this requirement upon a sufficient
demonstration of non-displacement.
iii. Prohibition on promotional infringement. The Grantee may
not create a community service opportunity that will infringe in
any manner on the promotional opportunity of an employed
individual.
iv. Prohibition on displacing employee services, duties or
activities. A member in a Program or project may not perform any
services or duties, or engage in activiiies that would otherwise be
performed by an employee, as part of the assigned duties of such
employee.
v. Prohibition on supplanting, hiring or infringing on recall
rights. A member in a Program or project may not perform any
services or duties, or engage in activities, that:
(a) Will supplant the hiring of employed workers; or
(b) Are services, duties or activities with respect to which an
individual has recall rights pursuant to a collective
bargaining agreement or applicable personnel procedures.
vi. Other prohibitions. A member in a Program or project may
not perform services or duties that have been performed by or were
assigned to any:
(a) Presently employed worker;
(b) Employee who recendy 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.
34. GRIEVANCE PROCEDURE.
Fina! - Apri! 30, 1999 44
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 existence, the direct Grantee will assume the responsibility of
fulfilling the sub-Grant's obligation to process all grievances in accordance
with 45 C.F.R §2540.230.
c. Alternative dispute resolution.
i. Informal resolution. The aggrieved party may seek resolution
of a grievance through alternative means of dispute resolution
(ADR) such as mediation or facilitation. ADR proceedings must be
initiated within 45 calendaz days of the date of the alleged
occunence. At the initial session of the ADR proceedings, the party
must be advised in writing of the right to file a grievance and right
to arbitration. If the matter is resolved, and a written agreement is
reached, the party will agree to forego filing a grievance in the
matter under consideratlon.
ii. Neutral facilitation. If ADR is instituted, the process must be
aided by a neutral party who, with respect to an issue in
controversy, functions specifically to aid the parties in resolving the
matter through a mutually achieved and acceptable written
agreement. The neutral party may not compel a resolution.
Proceedings before the neutral party must be informal, and the
rules of evidence will not apply. With the exception of a written
and agreed-upon ADR, the proceeding must be confidential. Any
decision by the neutral party is advisory and is not binding unless
both parties agree. If the grievance is not resolved within 30
calendar days of initiation, the neutral party again must inform the
aggrieved party of his or her right to file a formal grievance.
d. Formal grievance proceeding.
i. Time limits. Except for a grievance that alleges fraud or criminal
activity, a grievance must be made no later than one year after the
date of the alleged occurrence. If a hearing is held on a grievance, it
must be conducted no later than 30 calendar days after the Fling of
such grievance. A decision on any such filed grievance must be
made no later than 60 days after filing.
Final - Apri! 30, 1999 45
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
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 azbitrator. 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 wha is independent of the
interested parties. If the parties cannot agree on an arbitrator,
within 15 calendar days after receiving a request from one of the
parties, the Corporation will appoint an arbitrator from a list of
qualified arbitrators.
ii. Time limits. An arbitration proceeding must be held no later
than 45 days after the request for arbitration, or if the arbitrator is
appointed by the Corporation, the proceeding must occur no later
than 30 calendar days after the arbitrator's appointment. A
decision must be made by the arbitrator no later than 30 calendar
days after the date the arbitration proceeding begins.
iii. Cost. In accordance with 42 U.S.C. § 12636 (0(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(fl(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 piacement 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
dispiaced 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;
Fino! - Apn130, 1999 46
_ (c) Re-establishment of other relevant terms, conditions and-
privileges of employment; and '
(d) Any other equitable relief that is necessary to correct any
violation of the non-duplication or non-displacement
requirements or to make the displaced employee whole.
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
which includes an AmeriCorps logo without prior Corporation written
approval.
b. Corporation use. The Corporation retains royalty-free, non-exclusive,
and inevocable 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. Acknowledgment of support. Publicadons created by members may
include an AmeriCorps logo if they are consistent with the purposes of the
Grant. The Grantee is responsible for assuring that the following
acknowledgment and disclaimer appears in any external report or
publication of material based upon work supported by this Grant.
"This material is based upon work supported by the Corporadon
for National Service under AmeriCorps Grant No. . Opinions
or points of view expressed in this document are those of the
authors and do not necessarily reflect the official position of the
Corporation or the AmeriCorps Program."
b. Materials provided to Corporation. The Grantee is responsible for
assuring that two copies of any such material are sent to the Corporation's
Office of Public Affairs and Program Office.
37. EVALUATION.
a. Internal evaluations. The Grantee must track progress toward
achievement of their Program objectives. The Grantee also must monitor
the quality of service activities, the satisfaction of both service recipients
and members, and management effectiveness. Internal evaluation and
Firtal - Apri( 30. 1999 47
monitoring should be a continuous process, allowing for frequent
feedback and the quick correction of weaknesses.
b. Independent evaluations. The Grantee may obtain an independent
evaluadon if provided for in the approved budget.
c. External evaluation and data collection. The Grantee must cooperate
with the Corporation and its evaluators in all monitoring and evaluation
efforts. As part of this effort, the Grantee must collect and submit certain
member data, including the total number of inembers in the Program, and
the number of inembers by race, ethnicity, gender, age, economic
background. educational level, disability classification and geographic
region. The Corporation will provide forms for collecting member data.
38. SUSPENSION OR TERMINATION OF GRANT.
a. Suspension of the Grant. In emergency situations, 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 are
sufficiently serious that they outweigh the general policy in favor of
advance notice and opportunity to show cause. ~
b. Termination of the Grant. Pursuant to 45 C.F.R. §2540.400, the
Corporation may terminate payments under the grant, revoke the
designated member positions, or recover Grant funds for failure to
comply with applicable provisions of this Grant. However, the
Corporation will provide the Grantee reasonable notice and opportunity
for a full and fair hearing, subject to the following conditions:
i. Notice. The Corporation will notify the Grantee by letter or
telegram that ii 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, revocadon 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 propased 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
Fina! - Apri! 30. 1999 48
notice and hearing cights set forth in the Provisions applicable to the
Corporation in this section (38).
39. ORDER OF PRECEDENCE.
Should there be any inconsistency among the Cooperative Agreement
Award, the AmeriCorps Special Provisions, the General Provisions,
Grants Policy Guidances, and the approved Grant Application, the order
of precedence that will prevail is the (1) Cooperative Agreement Award,
(2) the AmeriCorps Special Provisions, (3) the General Provisions, and (4)
the approved Grant Application.
Fina! - Apri! 30. 1999 49
Exhibit "D"
Washington Service Corps
Special Conditions
A. Cash Match Payment Information: The conditions of this contract require the sponsor
agency to contribute $500 per full-time national service member and $250 per part-time
national service member that was awarded to the sponsor agency. Cash match is not
assessed for reduced part-time members. Payment is due by December 31, 2000.
Match will not be adjusted or refunded for vacancies that occur after December 31,
2000. Checks must be payable to the Employment Security Department and sent to the
following address:
Emploqment Security Department
Washington Service Corps
P.O. Box 9046
Olympia, Washington 98507-9046
B. Member Service Gear: Members of the WSC are required to wear service gear
whenever they are engaged in national service sponsored activities or official business.
As community leaders and role models, members are responsible for being well-
groomed and maintaining a positive public image of the WSC and AmeriCorps.
Supervisors will ensure that members are issued service gear and dress appropriately
for each day's tasks, as determined by the project director. Refer to the Member
Contract for additional guidelines related to member service gear.
C. Submission of National Service Forms: To ensure the WSC is in compliance with
Corporation for National Service regulations related to use of the web-based reporting
system, the following due dates have been established.
1. Enrollment: The National Service Enrollment Form must be submitted to the
WSC within three (3) work days after a member is enrolled in your project.
II. End of Term of Service: The End of Term of Service Form must be submitted
within five (5) work days after an AmeriCorps member exits from your project.
111. Change of Status: All formal requests to change an AmeriCorps member's
status (i.e., full-time to part-time, transfer to or from another AmeriCorps program)
must include a Change of Status Form and a written request from the project director
with a full explanation for this re.quest. All requests will be reviewed by the WSC and
forwarded to the Washington State Commission for National and Community Service
for approvaL
D. Out of State Travel Authorization: All out of state travel for project staff or AmeriCorps
members must be approved by the WSC prior to any travel-related expenses being
incurred. Documentation must contain the purpose of the trip and how it relates to the
employee's position or member's service assignment, a description of the expected
benefits, and an estimation of all travel-related costs. Note: It is not usual for members
to be sent out of state for training purposes as most resources can be obtained in state.
E. National Service Network Involvement: Project directors are required to attend
training and technical assistance meetings held on average of twice per program year.
In the event the project director is unable to attend, a request to be excused from the
meeting must be sent to your Local Area Coordinator as soon as possible.
Exhibit "D"
Your agency must seek prior approvai of the WSC if another agency representative will
attend. AmeriCorps members shall not represent their project director at these
meetings.
All project directors will actively help to implement the Unified State Plan within the
geographic area that they ,serve. This should involve collaboration with neighbOring
AmeriCorps or other streams of national service on issues such as recruitment, training,
and member identity events.
F. Member Participation in National Service Events: It is an expectation that
AmeriCorps members will participate in the planning and coordination of statewide
national service events such as Make a Difference Day, Martin Luther King, Jr. Day of
Sei-vice, and National Volunteer Week. The project supervisor should support and
encourage member involvement in the Washington Leader Corps or InterCorps Council.
G. ROLES Reporting: Each site is required to utilize the Reporting On-Line Evaluation
System (known as ROLES) to track progress toward achieving the goals of its direct
service, community strengthening and member development objectives, and to
complete semi-annual progress reports.
1. Evaluation Plan: Eacti site must enter its evaluation plan into the ROLES system
no later than October 31, 2000. Copies of all evaluation tools and instruments must
be provided to Washington Service Corps before the evaluation plan will be
approved.
II. Progress Report: Each site is required to complete its semi-annual progress
report using the ROLES system. Report due dates are: April 6, 2001, and October
5, 2001. Early submission of progress reports is strongly encouraged.
H. Coffee and Light Refreshments: The project director may approve serving coffee and
light refreshments in the conduct of official business at certain AmeriCorps sponsored
meetings. This authority is not intended for use with the normal daily business of
employees or officials, but rather for special situations or occasions where the purpose
of the meeting is to conduct AmeriCorps business, provide formal training sessions that
benefit the program, or recognize program or member accomplishments. Coffee and/or
light refreshments must be an integral part of the meeting; the sponsor agency must
obtain a receipt for the actual costs of the coffee and/or light refreshments, and approval
for serving coffee and/or light refresFaments must be approved by the designee of the
- sponsor agency prior to the event. For more information, refer to OMB Circular A-133
Compliance Supplement.
The project director must document the request and approval for expenditures for coffee
and/or light refreshments using a memorandum or agency form specifically used for this
purpose. The documentation should provide support for the authorization, including the
purpose of the meeting or expenditure and names of the persons attending the meeting.
EXHIBIT E
GENERAL TERMS AND CONDITIONS
INDEX
ITEM PAGES
Part I - Definitions 2
Part II - General Conditions 3
A. Access to Records and Facilities
_3
B. Advance Payment Prohibited -
-3
C
Assi
nabilit
3
.
g
y
D
Assurances -
3
.
E. Attorney Fees and Costs
4
F. Audits
-4
G. Changes and Modificarions
4
H
Commencement of Contract Work -
5
.
Conflict of Interest
1
5
.
J
Contractor Re
istration
5
.
g
K
Covenant A
ainst Contin
ent Fees
6
.
g
g
L
Disallowed Costs
6
.
M
Dis
utes
6
.
p
N
Du
lication of Billed Costs
6
.
p
0. Indemnification and Bonding
7-8
P
Inde
endent Ca
acit
of Contractor
8
.
p
p
y
Q
Industrial Insurance Covera
e
8
.
g
R
Jurisdiction
8
.
S
Licensin
and Accreditation
8
.
g
T
Lobb
in
Activities
8
.
y
g
Maintenance of Effort
U
9
.
V. Nondiscrimination -
9
W. Patent Rights
10
X. Payment Parameters
10
Y. Pell Gcants
10
Z. Price Warrant
10
AA. Record Retention
10
BB. Rights in Data
11
CC. Safeguazding of Client Information
11
DD. Small, Minority, and Women-Owned
Business Entecprises
11
EE. Subcontracting
11-12
FF. Suspension, Termination and Remedies
12-13
GG. Termination Procedure
13-14
HH. Taxes
14
II. Treatment of Assets
14-15
JJ. Use of Name Prohibited
15
KK. Waiver
I S
Equal Opportunity is the Law
16
Revised May 2000
GENERAL TERMS AND CONDITIONS
PART I - DEFINITIONS
As used throughout this Contract, the following terms shall have the meanings set forth below.
A. "CLIENT" shall mean any agency, firm, organization, individual or other entity agplying for
or receiving services under this Contract.
B. "CONTRACTOR" shall mean that agency, firm, organization, individual or other entity
performing services under this Contract. It shall inciude any SUBCONTRACTOR retained
by the prime contractor as permitted under the terms of this Contract.
C. "AGENCY" shall mean the Employment Security Departrnent of the state of Washington,
any division, section, office, unit or other entity of that Agency or any of the officers or other
officia(s lawfully representing the Agency.
D. "MINORITY BUSINESS ENTERPRISE," "MIINORITY-OWNED BUSINESS
ENTERPRISE," or "MBE" shall mean a business organized for profit, performing a
commercially useful function, which is legitimately owned and controlled by one or more
minority individuals or minority business enterprises certified by the Office of Minority and
Women's Business Enterprises. The minority owners must be United States citizens or
lawful permanent residents.
E. "SUBCONTR.ACTOR" shall mean one, not in the employment of the Contractor, who is
performing all or part of those services under this Contract under Contract from the
CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTR.ACTORS" mean
SUBCONTRACT(s) in any tier.
F. "WOMEN'S BUSINESS ENTERPRISE," "WOMEN-OWNED BUSINESS
ENTERPRISE," or "WBE" shall mean a business organized for profit, performing a
commercialty useful function, which is legitimately owned and controlled by one or more
women or women's business enterprises certified by the Office of Minority and Women's
Business Enterprises. The women ovmers must be United States citizens or lawful
permanent residents.
PART II - GENERAL CONDITIONS
A. ACCESS TO RECORDS AND FACILIT'IES
The Office of the State Auditor, federal auditors, and any persons duly authorized
by the Agency shall have full access to and the right to examine and copy any or all
books, records, documents and other materiai regazdless of form or type which are
pertinent to the performance of this Contract, or reflect all direct and indirect costs
of any nature expended in the performance of this ContracK. Access shall be at all
reasonable times during the record retention period.
2. The Office of the State Auditor, federal auditors, and any persons duly authoriz.ed
by the Agency shail have the right of access at all reasonable times in order to
examine and inspect any site where any phase of the program is being conducted,
Revised May 2000
controlled or advanced in any way. Such sites may include the home office, any
branch office, or other locations of the Contractor if such sites or the activities
performed thereon have any relationship to the program covered by this contract.
B. ADVANCE PAYMENTS PROHIBITED
No payment in advance or in anticipation of services or supplies to be provided by this
Contract shall be made by the Agency. In cost reimbursement contracts, the Contractor shall
be entitled only to reimbursement for expenses incurred during the contract period for work
accomplished as provided elsewhere in this Contract. In fixed unit price contracts, the
Contractor shall be entitled only to payment for work accomplished during the contract
period and in accordance with the terms of this Contract.
C. ASSIGNABQ,ITY
Neither the Agency nor the Contractor shall assign this Contract nor any claims arising
therefrom, either in whole or in part without the prior approval of the other party. Said
approval shall not be unreasonably withheld.
D. ASSURANCES
The Agency and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current or future federal, state or local laws, rules and
regulations.
If this Contract is funded by the Workforce Investment Act (WIA), the Contractor shall
conduct the program in accordance with the existing or hereafter amended WIA, the U.S.
Department of Laboes regulations relating to WIA, and the Washington State WIA
Provisions.
E. ATTORNEY FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any contract
term, clause or provision, each party shall be responsible for its own expenses, costs and
attorney fees.
F. AUDITS
The Office of the State Auditor, federal auditors and any persons duly authorized by the
Agency may examine and audit at all reasonable times, the Contractor and its books and
records, and documents regardless of form or type, which reflect all costs associated with
contract performance. The Contractor will maintain its records and accounts in such a way
as to facilitate the audit and examination and assure that Subcontractors also maintain
records that are auditable.
G. CHANGES AND MODffICATIONS
1. The Agency or Contractor may, from time to time, request changes in the services
to be performed, or in the project undertaken. Such changes, including any increase
or decrease in the amount of payment or reimbursement, which are mutually agreed
Revised May 2000
upon by and between the Agency and the Contractor shalt be incorporated in written
modifications to this Contract.
_ The Contractor may make changes to the budget, without a formal modifcation to
~the conti-act and without securing the prior approval of the Agency, under the
following conditions:
a. The revisions must not result in the need for additional funding.
Such changes must not aiter the scope of the contract's work
statement and must not be prohibited by app(icable federal or state
statutes or regulations.
c. No transfers are allowed from the training category or direct
payments to trainees to other expense categories without a formal
contract modification.
d. The Contractor may vary actual expenditures within the major cost
categories of the budget without securing the prior approval of the
Agency when such variances do not exceed ten percent of the total
costs originally budgeted in that category. Such variances may be
between line items only and may not alter the total amount of
money originally budgeted in the major cost category. The
Contractor will send written notices of such changes to the Agency.
Alteration of the terms of this Contract shall be valid only when in writing and
signed.by the authorized representatives of the parties. H. CONMIENCEMENT OF CONTRACT WORK
Unless specifically exempted, the state of Washington Office of Financial Management
(OFM) requires that all sole source personal service contracts and amendments thereto and
competitively bid personal service contracts for management consuiting, organizational
development, marketing, communications, employee training and employee recruiting be
approved by OFM to become binding. The personal service contract and amendments
thereto must be filed with OFM at least ten (10) working days prior to the effective date. No
work may be performed nor any payment be rendered or obligation for future payment be
incurred prior to the completion of the ten (10) working day period and approval of OFM.
I. CONFLICT OF INTEREST
Every reasonable course of action will be taken by the Contractor in order to maintain the
integrity of this expenditure of public funds and to avoid any favoritism or questionable or
improper conduct. This Contract will be administered in an impartial manner, free from
personal, financia(, or political gain. The Contractor, its executive staffand employees, in
administering this Contract will avoid situations that give rise to a suggestion that any
decision was influenced by prejudice, bias, special interest, or personal gain.
Gratuities in the form of entertainment, gifts or otherwise offered by the Contractor, or an
agent or representative of the Contractor, to any officer or employee of the Agency, with a
view toward securing this Contract or securing favorable treatment with respect to the
Revised May 2000
awarding or amending or the making of any determination will render this Contract voidable
at the option of the Agency and may justify further action under RCW 42..52.
J. CONTRACTOR REGISTRATION
The Contractor agrees to complete registration with the Department of Revenue, Department
of Labor and Industries New Account Division and Employment Security Tax
Administration by having ftled a master business application prior to the execution of this
Contract and to pay any taxes, fees, or deposits required by the state as a condition of
providing services under this Contract. Contractor will provide the Agency with its
Washington Unified Business Identifier (UBI) numbedor its Washington Department of
Revenue tax account number, and, if applicable, its Labor and Industries account number
and its Unemployment Insurance tax number, if registration with these agencies occurred
prior to January 2, 1987. Required information will be provided prior to the Contractor
commencing services under this Contract.
K. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The Agency shall have the right, in the event of breach of this clause by
the Contractor, to annul this Contract without liabitity or, in its discretion, to deduct from the
contract price or consideration or otherwise recover the full amount of such commission,
percentage, brokerage or contingent fee. In no event shall the Agency be liable for any
brokerage or contingent fee.
L. DISALLOWED COSTS
The Contractor is responsible for any audit exceprions or disallowed costs incurred by its
own organization or that of its Subcontractors.
M. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and
it cannot be resolved by direct negotiation, either pazty may request a dispute hearing with
the Agency, Director of Agency, or his or her designee.
1) The request for a dispute hearing must:
• be in writing,
• state the disputed issues,
• state the re(ative positions of the parties,
• state the Contractor's name, address, and contract number, and
~ be mailed to the agent and the other party's (respondent's) Contract Manager within
three working days after the parties agree that they cannot resolve the dispute.
Revised May 2000
2) The respondent shall send a written answer to the requestor's statement to both the agent
and the requestor within five working days.
3) The agent shall review the written statements and reply in writing to both parties within
ten working days. The agent may extend this period if necessary by notifying the ~
parties.
4) The decision shall not be admissible in any succeeding judicial or quasi-judicial
proceeding.
5} The parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal.
Nothing in this Contract shall be construed to limit the parties' choice of a mutualty
acceptable ADR method in addition to the dispute resolution procedure outlined above.
N. DUPLICATION OF BILLED COSTS
The Contractor shall not bill the Agency for costs if the Contractor is being paid by another
funding source for those same costs. WIA costs aze defined as any (1) administration, (2)
direct training or (3) training related or supportive service chazges.
0. INDEMNIFICATION AND BONDING
To the fuilest extend permitted by law, Contractor shall indemnify, defend and hold
hannless State, agencies of State and all officials, agents and employees of State,
from and against all claims for injuries or death arising of or resulting from the
performance of the Contract. Contractor's obligarion to indemnify, defend, and
hold harmless includes any claim by Contractor's agents, employees,
representatives, or any subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for
any claim arising out of or incident to Contractor's or any subcontractor's
performance or failure to perform the Contract. Contractor sha11 be reyuired to
indemnify, defend, and hold hazmless the State only to the extent claim is caused in
whole or in part by negligent acts or omissions of Contractor.
Contractor waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless State and its agencies, officials, agents, or
employees.
The Contractor shall provide insurance coverage in adequate quantity to protect
against tegat liability arising out of contract activity. Additionally, the Contractor is
responsible for ensuring that any Subcontractors provide insurance coverage for the
activities arising out of subcontracts.
If the Contractor uses motor vehicles in conducting activities under this Contract,
liability insurance covering bodily injury and property damage shall be provided
either through a self-insurance program or through a commercial insurance policy.
Such insurance shall provide a minimum coverage of $500,000 per person and
$500,000 per accident for bodily injury, and $500,000 per accident for property
Revised May 2000
damage or $500,000 each occurrence bodily injury and property damage combined
single limit.
2. - In the event the Contractor has been designated an agent for receiving or disbursing
funds from the Agency, or where the Contractor has been furnished property in
which the Agency has title in order to perform the responsibilities under the
Contract, the Contractor shall ensure that:
a. Every officer, director or employee who is authorized to act on behalf of the
Contractor or any Subcontractors for the purpose of receiving or depositing
funds into program accounts or issuing financial documents, checks or
other instruments of payment for program costs is bonded to provide
protection against loss.
1) Fiduciary bonding secured pursuant to this Contract must have
coverage of $100,000 or the highest planned advance or
reimbursement for the program year.
2) The Agency will require proof of fiduciary bonding and insurance
coverage. The Contractor will provide copies of bonding and
insurance instruments or certifications of same from the bonding/
insurance issuing agency. The copies or certifications will show
the bonding or insurance coverage, who is covered, and the
amounts.
If self-insured, the Contractor warrants that it will maintain coverage sufficient to
cover any liability specified above that may arise from the performance of this
Contract, and that the Contractor's Risk Officer or appropriate individual will
provide to the Agency evidence of such insurance.
4. The Contractor will provide the Agency with a copy of the applicable insurance
facesheet(s) or certification of self-insurance reflecring these coverage's. Insurance
coverage(s) must be effective no later than the effective date of the Contract and for
the term of the Contract.
P. INDEPENDENT CAPACITY OF CONTRACTOR
The pazties declare that the Contractor, and any agents and employees of the Contractor, in
the performance of this Contract, are acting as independent contractors and not in any
manner as officers or employees or agents of the Agency or the state of Washington.
Q. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industriat Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees as may be required by law, Agency may collect from
the Contractor the full amount payable to the Industriai Insurance accident fund.
The Agency may:
• Deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by Agency under this Contract, and
Revised May 2000
Transmit the deducted amount to the Department of Labor and Industries (L&I),
Division of Insurance Services.
This pr.ovision dces not waive any of L&I's rights to collect from the Contractor
R. JURISDICTION
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
S. LICENSING AND ACCREDITATION
T'he Contractor agrees to comply with all applicable federal, state, county or local standards
for licensing certification and operation of facilities and programs and accreditation and
licensing of individuals and any other standards or criteria established by the Agency to
assure quality of services.
T. LOBBYNG ACTNITIES
If this Contract is valued at $100,000 or more, the Contractor shall provide certification of
compliance with 29 CFR 93 regulations which restrict lobbying. The Contractor shall also
provide required disclosure information if the Contractor participates in lobbying activities
during the contract period.
U. MAINTENANCE OF EFFORT
The Contractor shall ensure the following:
That funds for training programs do not impair existing contracts for services, or result in the
substitution of Federal funds for other funds in connection with work to be performed,
including services normally provided by temporary, part-time or seasonal workers, or
through subcontracting such services; and
That funds for training programs result in an increase in employment and training
opportunities over those which would otherwise be available.
V. NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied emp(oyment in the administration of or in connection with
any prograrn provided by this Contract because of race, color, creed, marital status, religion,
sex, sexual orientarion, national origin, V ietnam era or disabled veteran's status, age, the
presence of any sensory, mental or physicaI disability, or political affiliation or belief.
The Contractor wi11 comply fully with the nondiscrimination and eqaal opportunity
provisions of the WoricForce Investrnent Act of 1982, as amended (WIA), including the
Nontraditionai Employment for Women Act of 1991; title VI of the Civil Rights Act of
1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age
Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as
amended; the Americans with Disabilities Act of 1990; and with all applicable requirements
Revised May 2000
imposed by or pursuant to regulations implementing those laws, including but not limited to
29 CFR part 34. The United States has the right to seek judicia( enforcement of this
assurance.
The Contractor shall promptly notify the Equal Opportunity(EO) Office of the Employment
Security Department of any administrative enforcement actions or lawsuits filed against it
alleging discrimination on the ground of race, coior, religion, sex, national origin, age,
disability, political affiliation or belief, and for beneficiaries only, citizenship or participation
in a federal assistance funded program. The Equal Opportunity Office will notify the
Director, Directorate of Civil Rights (DCR), Of~ice of the Assistant Secretary for
Administration and Management, U.S. Department of Labor.
The Contractor shall post the attached "Equal Opportunity is the Law" notice prominently in
reasonable numbers and places; shall disseminate the notice in internal memoranda and
other written communications; shall include the notice in handbooks or manuals; make the
notice available to each WIA participant and it should be made a part of the WIA
participant's file.
In the event that one of the parties hereto refuses to comply with the above provision, the
Suspension and Termination clause (Section FF, pages 12, 13 and 14) may be utilized.
W. PATENT RIGHTS
The Agency retains the entire right, title and interest to each invention developed during the
performance of Contract services. The Contractor may retain a nonexclusive royalty free
license in each subject invention to which the Agency retains ritle. The license is
transferable onty with the approval of the Agency. The Agency shall receive prompt,
written notice of each notice or claim of patent infringement received by the Contractor with
respect to patents developed during its performance of Contract services.
X. PAYMENT PARAMETERS
It is understood and agreed by and between the Agency and the Contractor that the
Contractor's payment is conditioned upon satisfactory performance and acceptance by the
Agency.
Y. PELL GRANTS
If this Contract is WIA funded and involves participant training at institutions that are
certified to participate in student fmancial aid, as appropriate the Contractor shal( incorporate
the use of Pell Grants to offset the costs of training, such as tuition, books, supplies,
transportation, child care, miscellaneous expenses, and/or special costs for disabled
participants. (Department of Labor Information Notice 25-89, dated Apri19, 1990.)
Z. PRICE WARRANT
The Contractor wamants that the cost charged for services under the terms of this Contract
are not in excess of those chazged any other client for the same services performed by the
same individuals.
AA. RECORD RETENTION
Revised May 2000
Contractor shall retain all books, records, documents and other materiai which reflect all
direct and indirect costs of any nature expended in the performance of this Contract,
including participant data for a period of three years after final payment under this Contract
if WIA funded, or six years from termination of the Contract if non-WIA funded. Records
shall be retained beyond the above referenced retention periods if litigation or audit is begun
prior to the end of the period referenced above, or if a claim is instituted prior to the end of
the period referenced above involving the Contract covered by the records. In these
instances, the records wili be retained until the litigation, claim or audit has been finally
resolved.
Records regarding discrimination complaints under WIA and actions taken thereunder shall
be maintained for a period of not less than three years from the date of resolution of the
complaint.
BB. RIGHTS IN DATA
Un(ess otherwise provided, data which originates from this Contract shall be "works for
hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the Agency. Data
shall include, but not be limited to, reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, fiIms, tapes, and/or sound reproductions.
Ownership includes the right to copyright, patent, register and the ability to transfer these
rights.
Data which is delivered under this Contract, but which dces not originate therefrom, shall be
transferred to the Agency with a nonexclusive royalty-free, irrevocable license to publish,
translate, reproduce, deliver, perforrn, dispose of, and to au#horize others to do so; provided;
that such license shall be limited to the extent which the Contractor has a right to grant such
a license. The Contractor shall exert ali reasonable effort to advise the Agency, at the time
of delivery of data furnished under this Contract, of all known or potential invasions of
privacy contained therein and of any portion of such document which was not produced in
the performance of this Contract. The Agency shall receive prompt written notice of each
notice or claim of copyright infringement received by the Contractor with respect to any data
deiivered under this Contract. The Agency shall have the right to modify or remove any
restrictive markings placed upon the data by the Contractor.
CC. SAFEGUARDIIVG OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning a program recipient or
client for any purpose not directly connected with the administration of the Agency's or the
Contractor's responsibilities with respect to contracted services provided under this Contract
is prohibited except by written consent of the recipient or client, his/her attorney or his/her
legally authorized representative.
DD. SMALL. MINORIT'Y AND WOMEN-OWNED BUSINESS ENTERPRISES
The Contractor shall provide to qualified smali, minority and women-owned business
enterprises the maximum practicabie opportunity to participate in the performance of this
Contract.
EE. SUBCONTRACTIING
Revised May 2000
The Contractor shall not subcontract work or services contemplated under this Contract
and/or use an outside consultant except as provided for in the statement of work without
obtaining the prior written approval of the Agency for the authority to enter into
subcontracts. Said approval shall not be unreasonably withheld. Contractor acknowledges
that such approval for any subcontract dces not re(ieve the Contractor of its obligations to
perform hereunder. The Agency retains the authority to review and approve or disapprove
all subcontracts. At the Agency's request, the Contractor will forward copies of subcontracts
and fiscal, programmatic and other material pertaining to any and all subcontracts.
For any proposed subcontractor the Contractor shall:
Be responsible for Subcontractor compliance with these General Terms and
Conditions and the subcontract terms and conditions; and
2. Ensure that the Subcontractor follows the Agencys reporting formats and
procedures as specified by the Agency.
FF. SUSPENSION, TERMINATION AND REMEDIES
In the event the Contractor fails to comply with the conditions of this Contract, the Agency
at its discretion may either suspend or terminate the Contract as follows:
Suspension
In the event the Agency determines that a breach of contract has occurred in the
Contractor's compliance with the condirions of this Contract, and the situation is
deemed by the Agency to merit corrective action, the following sequential
suspension procedure will be implemented:
a. The Agency will notify the Contractor in writing by registered mail to the
Contractoes last known address with a return receipt to the Agency of a
perceived compliance breach describing the Agency's concerns.
b. The Contractor will respond to the Agencys concerns by letter describing
proposed corrective actions and proposing completion dates for bringing
the Contrwt into compliance. Such response will be sent by registered mail
and delivered to the Agency within ten (10) calendar days of the date of
receipt of the Agency's letter.
c. The Agency will notify the Contractor in writing by registered mail to the
Contractor's last knovm address with a return receipt to the Agency as to the
Agency's fmal disposition of the Agency's concerns.
d. Upon receipt of notice of final disposition by the Contractor, the Agency
reserves the right to suspend all, or part of, the Contract, and to withhold
further payments, or to prohibit the Contractor from incurring additional
obligations of funds during investigation of the alteged compliance breach
and pending corrective action, if necessary, by the Contractor or a decision
by the Agency to terminate in accordance with paragraph FF(2) below.
Revised May 2000
e. The Agency reserves the right to immediately undertake actions under
_ Suspension l.d. above, when it has reason to believe that fraud, abuse,
malfeasance, misfeasance or nonfeasance has occurred on the part of the
- Contractor under this Contract. _
2. Termination or Suspension for Cause
In the event the Agency determines the Contractor has failed to comply with the
conditions of this Contract in a timely manner, the Agency has the right to suspend
or terminate this Contract. Before suspending or terminating, the Contract, the
Agency shal( notify the Contractor in writing of the need to take corrective action.
If corrective action is not taken within 30 days, the Contract may be terminated or
suspended. In the event of termination or suspension, the Contractor shall be liable
for damages as authorized by law including, but not limited to, any cost difference
between the original Contract and the replacement or cover Contract and all
administrative costs directly related to the replacement Contract, e.g., cost of the
competitive bidding, mailing, advertising, and stafftime.
The Agency reserves the right to suspend all or part of the Contract, withhold
further payments, or prohibit the Contractor from incurring additional obligations of
funds during investigation ofthe alleged compliance breach and pending corrective
action by the Contractor or a decision by tiie Agency to terminate the Contract. A
termination shall be deemed to be a"Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was
outside of his or her control, fault or negligence. The rights and remedies of the
Agency provided in this Contract aze not exclusive and are addition to any other
rights and remedies provided by law.
Termination for Fundin¢ Reasons
The Agency may unilaterally terminate this Contract in the event that funding from
federal, state or other sources becomes no longer available to the Agency or is not
allocated for the purpose of ineeting the Agency's obligation hereunder. In the
event funding is limited in any way, the Contract is subject to re-negotiation under
any new funding limitations and conditions. Such action is effective upon receipt of
written notification by the Contractor.
4. Terminarion for Convenience
Either party may without cause, at any time during the term of this Contract,
terminate the Contract by giving a thirty (30) caiendar day written notice of its
intention to terminate. If the party giving the termination notice dces not withdraw
the notice in writing, this Contract shall terminate upon expiration of the thirty (30)
calendar day period.
GG. TERMINATION PROCEDURE
Upon termination of this Contract, the Agency, in addition to any other righLs provided in
this Contract, may require the Contractor to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this Contract as has been
Revised May 2000
terminated. The provisions of the "TREATMENT OF ASSETS" clause shal( apply in such
property Uansfer.
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for _
completed work and services accepted by the Agency and the amount agreed upon by the
Contractor and the Agency for (1) completed work and service(s) for which no separate
price is stated; (2) partially completed work and services; and (3) other properry or services
which are accepted by the Agency; and (4) the protection and preservation of property,
unless the termination is for default, in which case the Agent shall determine the extent of
liability of the Agency. Failure to agree with such determination shall be a dispute within
the meaning of the "Disputes" clause of this Contract. T'he Agency may withhold from any
amounts due to the Contractor such sum as the Agent determines to be necessary to protect
the Agency against potential loss or liability.
The rights and remedies of the Agency provided in this section shall not be exciusive and are
in addition to any other rights and remedies provided by law or under this Contract.
After receipt of a notice of termination and except as otherwise directed by the Agent, the
Contractor shall:
Stop work under the Contract on the date, and to the extent specified, in the notice;
Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of work under the Contract as is
not terminated;
Assign to the Agency, in the manner, at the times, and to the extent directed by the
Agent, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Agency has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
4. Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts, with the approval or ratification of the Agent to the extent
the Agent may require, which approval or ratification shall be finai for all purposes
of this clause;
5. Transfer title to the Agency and deliver in the manner, at the times, and to the extent
d'vected by the Agent any property which, if the Contract had been completed,
would have been required to be furnished to the Agency;
6. Complete performance of such part of the work as shall not have been terminated by
the Agency; and
7. Take such action as may be necessary, or as the Agent may direct, for the protection
and preservation of the property related to this Contract which is in the possession
of the Contractor and in which the Agency has or may acquire an interest.
H-I. TAXES
Revised May 2000
It is mutually agreed and understood that all payments accrued on account of payroll taxes,
unemployment contributions, any other taxes, insurance or other expenses for the Contractor
staff be the sole liability of the Contractor.
II. TREATMENT OF ASSETS
Title to all property furnished by the Agency shall remain in the Agency. Title to all
property purchased by the Contractor the cost of which the Contractor has been
reimbursed as a direct item of cost under this Contract, shall pass to and vest in the
Agency upon delivery of such property by the vendor. Unless the Agency
specifically agrees to grant title in this Contract for asset(s) purchased, in that case
only shall title pass to the Contractor.
2. Any property of the Agency furnished to the Contractor shall, unless otherwise
provided herein, or approved by the Program Manager in writing, be used only for
the performance of this Contract.
Properly will be returned to the Agency in like condition to that in which it was
furnished to the Contractor, normal wear and tear excepted. The Contractor shall be
responsible for any loss or damage to property of the Agency in the possession of
the Contractor which results from the negligence of the Contractor or which resulLs
from the failure on the part of the Contractor to maintain said property in
accordance with sound management practices.
4. If any Agency property is damaged or destroyed, the Contractor shall norify the
Agency and shall take all reasonable steps to protect that property from further
damage.
5. The Contractor shall surrender to the Agency all properly of the Agency upon
completion, termination or cancellation of this Contract.
6. All reference to the Contractor under this clause shall include any employees, agents
or Subcontractors.
JJ. USE OF NAME PROHIBITED
The Contractor shall not in any way contract on behalf of or in the name of the Agency. Nor
shall the Contractor release any informational pamphlets, riotices, press reteases, research
reports, or similar public notices conceming this project without obtaining the prior written
approval of the Agency.
KK. WAIVER
A failure by the Agency to exercise its rights shall not constitute a waiver of any rights under
this Contract unless stated to be such in writing signed by an authorized representative of the
Agency and attached to the original Contract.
Revised May 2000
EQUAL OPPORTUNTTY
IS THE LAW
This recipient is prohibited from discriminating on the grounds of race, color, religion, sex,
national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship
or participation in programs funded under the Workforce Investment Act (WIA), in admission or
access to, opportunity or treatment in, or employment in the administration of or in connection
with, any WIA-funded program or activity.
If you think that you have been subjected to discrimination under a WIA-funded program or
activity, you may file a complaint within 180 days from the date of the alleged violation with the
recipient's Equal Opportunity Officer (or the person designated for this purpose), or you may file
a complaint directly with the Director, Directorate of Civil Rights (DCR), U.S. Department of
Labor, 200 Constitution Avenue NW, Room N-4123, Washington, D.C. 20210.
If you elect to file your complaint with the recipient, you must wait until the recipient issues a
decision or unti160 days have passed, whichever is sooner, before filing with DCR (see address
above). If the recipient has not provided you with a written decision within 60 days of the filing
of the complaint, you need not wait for a decision to be issued, but may file a complaint with
DCR within 30 days of the expiration of the 60-day period. If you are dissatisfied with the
recipient's resolution of your complaint, you may file a complaint with DCR. Such complaint
must be filed within 30 days of the date you received notice of the recipient's proposed
resolution.
Revised May 2000