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HomeMy WebLinkAboutWasington State Service Corps . i) Z ti 7)- Ilrlk WSC ONLY: Contract it ( s assigned by ESD) (AMU 0022 "1 )) 1�SeECE rvice Carps EMPLOYMENT SECURITY DEPARTMENT � D individual Placement and Team-Based Projects JUL 2 3 2015 CFDA 94.006 Program Year September 1, 2015—August 31, 2016 W A MEMORANDUM OF UNDERSTANDING The purpose of this Memorandum of Understanding (MOU) is to establish the compliance expectations of the Washington Service Corps (WSC) Individual Placement, Team-Based and Special Programs. These expectations are designed to establish effective coordination between sponsoring organizations and the WSC, to ensure that the objectives of the WSC, Serve Washington, and the Corporation for National and Community Service are met, to ensure grant outcomes for services to beneficiaries are met and to ensure a positive service experience for the AmeriCorps member(s). Mail completed original to Washington Service Corps P.O. Box 9046, Olympia, WA 98507 Sponsoring Organization Information: Sponsoring Organization: City of Auburn Organization Website URL: www,auburnwa.gov Project Title(s): Housing and Homeless Outreach,Veteran Services, Emergency Management Federal Employer Identification Number(EIN#): 91-6001228 • Legal Applicant Name: Nancy Backus (director or organization signature authority) Legal Applicant Title: Mayor Mailing Address: 25 West Main Street Auburn, WA 98001 Telephone Number: (253) 931-3041 • Email Address: nbackus @auburnwa.gov • Number of AmeriCorps positions awarded: 3 Member Placement Fee Total ($6,400 x number of positions awarded) = $ 19,200 WSC MOU 2015-2016 Page 1 of 12 06/2015 • Funding Contingency • In the event funding for the WSC is reduced or eliminated, or if federal program requirements change, prior to or after the date of this MOU, the WSC may terminate or modify this MOU with 30 days written notification to the sponsoring organization. Responsibilities of the Sponsoring Organization Section I—Financial Responsibility 1. Submit$6,400 member placement fee per member on or before September 30, 2015. An invoice with payment instructions will be sent by WSC to sponsoring organizations on or • about September 1, 2015. This money will be used towards the WSC fixed amount grant • operations portion as part of the federally-funded award to WSC.This funding will only be • expended towards the WSC project. Any unexpended funds could be carried forward for use by W SC. 2. Member placement fee will only be pro-rated for any member who terminates prior to • serving 15%of their term. Organizations will not receive a pro-rated refund if members serve • more than 15% of their term. Fora member who serves less than 15%of his/her full-time • service term, the pro-ratedcalculation is based on the following calculation: total member placement fee divided by 15% of total hours required in Member Service Agreement= the pro-rated amount per hour. Multiply the pro-rated amount per hour by the number of hours • served to get the pro-rated member service fee. NOTE: 15% of 1,700 hours is 255 • • service/training/fundraising hours combined. If a full-time member serves at least 255 hours, then there would be no refund of the member placement fee. Example: if total member placement fee was $6,400 and the member served 80 hours of their 1,700 hour term, then the pro-rated amount would be calculated as follows: $6,400 divided by 255 hours = 25.098039, then multiply that by 80 hours served = $2,007.84 (the pro-rated member • • placement fee). Failure to pay the member placement fee requirement per member may result in removal of the member(s)from site and termination of this contract by WSC. 3. Submit to WSC proof of current valid Commercial General Liability Insurance with minimum • of $1,000,000 per occurrence with Washington Service Corps endorsed to the policy with • limit of no less than $1,000,000 per accident for bodily injury or disease. If coverage expires prior to end of member's service term, submit new proof of coverage to WSC. If sponsoring organization is a federal or state agency, provide documentation showing that status. If sponsoring organization is a school district, local government, or other agency participating in a "risk pool" or self-insured program, provide documentation of that status and,coverage. The WSC AmeriCorps member(s)will be covered, as certified in Exhibit A 2015 Terms and Conditions for AmeriCorps State and National Grants. 4. Provide transportation or mileage reimbursement and if service requires an overnight(s) stay • then lodging and meals are expected be provided to AmeriCorps member(s)to conduct service away from their established service site during service hours. 5. Individual Placement Projects Only: Provide transportation or mileage reimbursement according to State rates to AmeriCorps member(s) as they attend the required SERVES Institute scheduled for October 19-21, 2015 in Yakima. The WSC covers the cost of provided meals and lodging expenses for the members at this event. Team-Based Projects Only: will ensure WSC core competency training and development is provided with qualified facilitation. See WSC website for request for availability of limited training support funds for team based programs. 5. Pay for any member costs associated with Washington State WATCH criminal history checks. 6. must o • FBI requirements lcla January s If the h nge and tthe FBI checks becompleted, the WSC will reimburse • • the cost of the FBI check up to $50 per member enrolled, once throughout the program • year. If additional charges are incurred beyond $50 per member enrolled with a new process, those fees will be paid by the sponsoring organization. • WSC MOU 2075-2016 Page 2 of 12 06/2015 i• 6. Pay all costs for required National Service Criminal History Checks of covered individuals, including project supervisors, primary service site supervisors, and backup supervisors. 7. Member costs that are deemed disallowed through monitoring or audit review(s)will be the responsibility of the sponsoring organization. 8. Sponsoring organizations are only permitted to subcontract member placement with permission of WSC and must submit a copy of their contractual agreement to WSC. • Section 11 - Risk Management and Compliance 1. Comply with the Assurances and Certifications (Exhibit C), Grant Program Civil Rights and Non-Harassment Policy(Exhibit B), AmeriCorps Member Service Agreement and the RFA Expectations &Agreements. • • 2. Comply with all WSC Policies and Procedures, including the current policies and procedures • listed below, and other policies or procedures that may be developed and implemented throughout the program year POL-110— Completinq National Service Criminal History Checks on Members POL-111 —Completing National Service Criminal History Checks on Supervisors POL-120— Managing Member Hours POL-121 — Ensuring Service Activities are Allowable POL-122 — Managing Alternative Service POL-123— Managing Member Leave POL-124— Participation in SERVES Institute or WRC Institute POL-130— Managing Member Conduct POL-131 — Managing Member Appearance and Use of Service Gear POL-132— Managing Member Grievance POL-150— Managing Member Transfers POL-160— Managing Member Deployment for Disaster Response 3. Establish safety guidelines and rules that ensure the well-being of the AmeriCorps member(s) and participants. 4. Ensure your organization has current Drug-Free Work Place and Non-Discrimination Policies. 5. If applicable, any sponsor organization that places members in sub-site service locations must ensure that it has a signed Memorandum of Understanding with all member sub- placement service sites; MOUs for sub-site placements must reflect the components of the sponsoring organization's MOU with WSC to include Exhibits A, B and C. Copies of the • MOU(s) must be provided to WSC prior to September 1, 2015. MOU(s) must reference the • dollar amount the sponsoring organization charges for its member placement fee. 6. Ensure that AmeriCorps member(s) provides direct service in accordance with the position description. Ensure any changes to duties are updated on the member position description form and immediately sent to WSC. In the event administrative duties are necessary to reach the member's service goals, such duties will be allowed, However, administrative duties that support general organizational goals are not allowed. 7. Ensure that service activities do not duplicate routine functions of, or displace (supplant) paid employees. Service activities and project must expand or enhance the organization's impact, not simply sustain a service or work of the organization. 8. Ensure accuracy of member's service. Accurate records should include hours served as service hours, training hours, and fundraising hours. No hours can be granted for service out of state (disaster deployment may be only consideration). Member training out-of-state can only occur with prior WSC approval. 9. Ensure that members do not participate in out-of-country trainings or other activities which are not allowable under CNCS regulations. 10. Monitor AmeriCorps member(s)service hours to ensure that the member is serving an average of at least 40 hours a week for 10.5 months and is on track to complete the required 1,700 service hours. Monitor timesheets to ensure members do not exceed the percentage of time allowed in training (20%)and fundraising (10%). Communicate to WSC MOU 2015-2016 Page 3 of 12 06/2015 members that they must be available to serve the hours needed by the project including weekend and evening service activities. 11. Member's supervisor will approve all member electronic timesheets through the WSC vendor no later than 3-5 business days after the end of each semi-monthly payroll period. 12. Ensure AmeriCorps member(s)wear AmeriCorps gear daily and other possible identifiers while serving. 13. Ensure service site has the WSC and AmeriCorps*State logos visibly posted as follows: • In a prominent location visible to staff and customers where member serves: sign with WSC logo, AmeriCorps logo, and "AmeriCorps Member Serves Here". • At the entrances to the building where member serves: sign with WSC logo, AmeriCorps logo, and (optional) service site name. 14. When communicating with customers, stakeholders, Legislative Representatives, or media about the program a WSC AmeriCorps member is serving in, the sponsoring organization and any member service placement site will identify the roles of both the Washington Service Corps and AmeriCorps in the project. For example: "(organization name)as part of the Washington Service Corps, the AmeriCorps members " 15. Require and retain member's proof of valid driver's license and current proof of vehicle insurance, if the member is reimbursed for use of a personal vehicle in the performance of • their service duties. 16. Participate in the following types of monitoring/audits from state WSC program partners: a. Desk review of program documents by WSC Program Coordinator or an authorized representative. b. On-site monitoring/audit process by WSC Program Coordinator or an authorized representative. This includes allowing access to member or program files, documents and materials. c. Scheduled programmatic visits as requested by WSC state program/funding partners such as Serve Washington or CNCS or ESD). 17. Host scheduled programmatic visits as requested by WSC Program Coordinator. 18. In the event of any change to the information regarding the Legal Applicant, notify the WSC Program Coordinator within ten (10)working days. 19. Ensure that member eligibility verification is met. 20. Ensure that AmeriCorps members do not accept or solicit monetary from your organization or other service site compensation above or in addition to their WSC stipend or living allowance while serving as a member of the WSC. Section III - Prohibited AmeriCorps Member Activities There are certain activities, including lobbying, political, religious or advocacy activities that AmeriCorps members may not perform in the course of their duties while charging time to the AmeriCorps program, or at the request of sponsoring organization staff. Furthermore, members and staff may not engage in conduct in a manner that would associate the national service program or the Corporation for National and Community Service (CNCS)with the prohibited activities. Programs must become familiar with specific provisions described in the Corporation's formal regulation (45 C.F.R. 2520.65) and the grant provisions. The list of prohibited activities includes: CNCS prohibited activities: 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; WSC MOU 2015-2016 Page 4 of 12 06/2015 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8. Providing a direct benefit to- (i) A business organized for profit; (ii) A labor union; (iii) A partisan political organization; (iv) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and (v) An organization engaged in the religious activities described in paragraph (7) of this section, unless Corporation assistance is not used to support those religious activities; 9. Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; 11. Such other activities as the Corporation may prohibit. WSC prohibited activities: 1. Organizing a letter-writing campaign to Congress; 2. Participating in activities that pose a significant safety risk to participants; 3. Preparing any part of a grant proposal or performing other fundraising functions to help the program achieve its match/member placement fee requirements, or to pay the program's general operating expenses. Additionally members cannot write or support preparation of a grant from CNCS or any other federal agency ; and 4. Fundraising, unless under the following circumstances: if it provides direct support to a specific service activity, falls within the program's approved objectives, is not the • primary activity of the program, and does not exceed 10% of the total hours served for any member. AmeriCorps members, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps/VVSC logo must not be worn while doing so. Federal funding for AmeriCorps members is approved with the understanding that member service is directly supporting AmeriCorps objectives. Contrary circumstances could lead to removal of AmeriCorps member(s) from the site. Section IV - Recruitment and Enrollment of AmeriCorps Member(s) 1. Conduct AmeriCorps member(s) recruitment, interviews, and selection. 2. Comply with WSC criminal history check requirements as identified in guidance including, but not limited to,WSC Supervisor's Guide to National Service Criminal History Checks, and WSC policies POL-110 & POL-111. AmeriCorps members must pass National Service Criminal History Checks prior to their start date and cannot be listed on the National Sex Offender Registry. Comply with other criminal history check requirements that may be developed and required throughout the program year to maintain CNCS compliance. 3. Submit completed AmeriCorps member enrollment packet, to include all completed items on the checklist, to WSC at least two weeks prior to the member's start date, per dates established by WSC. WSC MOU 2015-2016 Page 5 of 12 0612015 • Section V- Support and Supervision of AmeriCorps Member(s) 1. Identify a staff person from the organization to be the key contact (project supervisor)with WSC. 2. Identify staff persons from the organization to be the Primary Service Site Supervisor and Backup Supervisor for the WSC AmeriCorps member(s)on site. If the member service location is off site the Primary Service Site Supervisor must be located with the member. 3. Teams of 12 or more members must identify a full-time primary supervisor for members. All small teams and individual placement sites must demonstrate that a supervisor's time is allocated for adequate supervision. 4. All supervisors are identified as "covered individuals" and are required to complete the same National Service Criminal History Checks as members. 5. Comply with other criminal history check requirements that may be developed and required throughout the program year and provide original documents to the WSC to maintain. 6. In the event of a change in supervisor, ensure the individual's National Service Criminal History Checks have been completed and cleared by WSC PRIOR to working as a supervisor. Notify WSC Program Coordinator and submit a signed Change of Supervisor form for the member within two (2) business days of the change. 7. Update WSC AmeriCorps member position descriptions as necessary and submit signed originals to the WSC for approval. Changes in WSC AmeriCorps member, member's service site, schedule,or duties require an amended position description proposing the changes, and sent in to WSC for approval. If the WSC becomes aware of any change without prior approval, it may result in the removal of the member from the sponsoring organization to fulfill the service at another service site. 8. Ensure AmeriCorps member's site supervisor or project supervisor attend one of the WSC orientations scheduled in the summer of 2015 and that they participate in webinars and other trainings as offered by WSC throughout the program year. Advance information will be provided. 9. Orient AmeriCorps member(s) to AmeriCorps; WSC; the sponsoring organization; the service site; the community demographics and client base; and the service they will provide. Ensure members are made aware of and understand the prohibited activities; as well as WSC policies and sponsor organization and service site policies and procedures. 10. Ensure member(s)are aware of safety measures and procedures of the service site and sponsoring organization. 11. Provide member access to project documents, to include but not limited to Member Service Agreement, Request for Application, Memorandum of Understanding and Exhibits, etc. 12. Inform AmeriCorps member(s) about your organization's rules of conduct and appropriate behavior, including procedures for communicating service hours and absences. Provide member(s) with policy manuals and/or handbooks, and include your organizational chart. 13. Introduce AmeriCorps member(s)to other organization staff and include member(s) in appropriate organization functions. 14. Provide appropriate tools and equipment for the AmeriCorps member(s) to perform service and to communicate with WSC. Tools and equipment will include, but are not limited to work space, computer with internet and agency e-mail, and phone access. 15. Recognize and support distinct roles and responsibilities of the AmeriCorps member(s) as outlined in the member's position description. 16. Provide oversight on the AmeriCorps member's progress and skill development, including member's participation in required site and WSC training. 17. Ensure AmeriCorps member(s) participation in days of national service including, but not limited to, Martin Luther King Jr. Day of Service, AmeriCorps Week, and other days that may be designated by WSC as national days of service or special initiatives. 18. Communicate immediately with WSC Program Coordinator regarding AmeriCorps member(s) performance issues or other program concerns. WSC MOU 2015-2016 Pago 6 of 12 06/2015 19. Document AmeriCorps member performance/personnel issues in writing, including actions taken toward resolution. Be prepared to forward documentation to WSC as requested and to ensure proper documentation for member file. 20. Follow AmeriCorps member discipline procedures as outlined in the Member Service Agreement and WSC policy POL-130.Work with the WSC Program Coordinator if there are any service site policy conflicts or different approaches. These are to be coordinated for clear and consistent messages to members should disciplinary issues emerge. Please also refer to Section XI: Order of Precedence as contained within this MOU. 21. Consult with WSC Program Coordinator prior to taking action to remove or transfer an AmeriCorps member. Any removal or transfer of a member without prior approval may result in removal of the member from the sponsoring organization to fulfill the service at another service site. 22. Use retention strategies to ensure member(s) successfully completes his/her full term of service both total hours and full 10.5 month term. 23. If a sponsoring organization or one of its sub-grantees or member service sites hires a WSC member before the completion of that member's agreed-upon term of service, the WSC may elect not to place another member with that organization or the sponsoring organization in the future. 24. If a member indicates the intent to leave his or her service early, contact the Program Coordinator immediately, to ensure the completion all WSC-required exit documentation, per checklist on WSC website, prior to member leaving service. Section VI - Performance Measures and Reporting 1, Collaborate with WSC and the AmeriCorps member(s)to develop a well-defined project that has clear goals and objectives in accordance with the AmeriCorps member's position description and the Request for Application. Any adjustments or revisions need prior approval of WSC Program Coordinator. • 2. Ensure performance objectives are quantifiable and demonstrate the impact of the AmeriCorps member's service in one of the focus areas, as defined in application and negotiated in writing with WSC. Example of quantifiable outcomes: 2,500 individuals will participate in a health education program; the health education program will administer a preand post survey per WSC performance measure instructions on all of its participants in order to assess an increase in knowledge of healthy behaviors; 70% or 1,750 of those who complete the health education program will report an increase in knowledge of healthy behaviors as demonstrated through the pre/post survey. 3. Implement data tracking tools, as agreed upon by WSC Program Coordinator, to use for collecting data on the performance objectives negotiated following award notification. 4. Performance Plan and Data Collection Strategy documents, with tools, assessments and surveys included, must be completed following award notification and negotiation and submitted by required deadline. WSC will confirm approval and acceptance of the plan. 5. The Performance Measure plan, Data Collection Strategy document and the AmeriCorps member's position description must be in alignment to meet the agreed up targets and support the interventions and data collection process. 6. Retain data collection tools such as attendance rosters, pre/post test results and other reports related to performance for six years after the end of the program year. 7. Submit quarterly progress reports, or as requested by WSC, on outputs and outcomes for each performance target as defined in the Performance Measure Plan and Strategy documents and the AmeriCorps member's position description. 8. Support the AmeriCorps member(s)in reaching the performance goals for volunteer recruitment and training. Track and report on goals for total number of unduplicated community volunteers, hours to be served by volunteers, number of veteran and military family volunteers, and effective volunteer management strategies. These volunteer records must be retained for six years after the end of the program year. Page 7 of 12 06/2015 WSC MOU 2015-2016 9. Submit original, signed performance evaluations of the AmeriCorps member twice during the service term (January 31 and June 30) using forms provided by the Washington Service Corps'website. 10. Notify WSC of impending scheduled events or activities that may warrant media support. Follow WSC guidance for media relations and interactions including releases for all pictures. 11. Ensure that members submit at least one "Story of Service" per quarter. Report AmeriCorps- sponsored activities and events in which stakeholders, legislators or other elected officials are invited to be educated in the effectiveness of the AmeriCorps program. 12. Submit copies of written or electronic articles that highlight AmeriCorps member(s) and/or AmeriCorps projects. 13. Provide, as requested by WSC, additional performance- and programmatic-related information as needed throughout the program year. This could include response to program impact evaluation surveys, interviews, request for materials, etc. Section VII - Career Development/Training 1. Provide adequate training to AmeriCorps member(s) to ensure member(s) is prepared for the roles and responsibilities of the project. 1. Provide AmeriCorps member(s) a minimum of two site-specific trainings related to the service position. No more than 20% of AmeriCorps members' total service hours may be spent in training. Training received by AmeriCorps member(s) during orientation do not count toward the site-specific training. 2. Submit all requests for out-of-state training for the member to the WSC Program Coordinator prior to the event, for approval. 3. Support AmeriCorps member(s)in attending WSC training and career development opportunities. Additionally, Individual Placement projects are to release AmeriCorps member(s)to attend mandatory training events, service projects, and other WSC events including WSC sponsored overnight SERVES Training Institute to be held October 19-21, 2015 in Yakima, Washington. Many of the core competencies are offered at SERVES; however, they may not all be available or session timing may not make it possible for all members to attend all available sessions. Sponsor organizations and/or service sites are responsible for ensuring members meet all core training requirements. 4. Team-Based projects provide training to their members via their project management and supervision by scheduling, finding facilitators/qualified trainers, evaluating needs of members that will meet the WSC training core competencies. Ensure that the member(s) receive training related to the core training requirements during their term of service with qualified training/facilitation. 5. Submit an updated Member Training Tracking Document to WSC quarterly. 6. Release AmeriCorps member(s)from regular service to respond to disasters in accordance with WSC Policy POL-160. Out-of-state deployments must meet specific CNCS criteria, and require approval of WSC. Section VIII - Sustainability 1. The AmeriCorps project must support the long-term goals of the organization and the organization must be committed to the project. 2. The project must be designed to yield results beyond the AmeriCorps member's term of service. 3. The AmeriCorps member's position is to enhance or expand an organization's service to its clients or participants through the project where an AmeriCorps member(s) will be placed, not to maintain existing programs or replace (supplant) staff. Section IX —Use and Disclosure of Information The sponsoring organization shall use any private and confidential information provided under this MOU solely for the purpose for which the information was disclosed. The sponsoring organization shall not misuse any private and confidential information under this MOU. The sponsoring organization shall not disclose any private or confidential information unless the WSC MOU 2015-2016 Page 8 of 12 0672015 disclosure is authorized by law. The misuse or unauthorized release of private and confidential information shall subject sponsoring organization, its employees or agents to a civil penalty of Five Thousand dollars ($5,000) and other applicable sanctions under state and federal law. Section X—WSC Partner and Participant Responsibilities Responsibilities of Washington Service Corps 1. Provide program orientation for all AmeriCorps members and supervisors. 2. Provide on-going technical support to AmeriCorps members and supervisors by telephone and/or e-mail, webinars, other technology assisted approaches as available and accessible and on-site visits as arranged. 3. Communicate expectations and procedures about AmeriCorps member service and performance. 4. Conduct desk reviews and on-site monitoring reviews and issue reports that list findings, concerns and observations. Provide technical assistance to the organization and AmeriCorps member(s) to complete corrective action. 5. Ensure oversight of electronic timesheets for each AmeriCorps member(s) and maintain the official permanent member file. 6. Process AmeriCorps member stipend for payment on the 5'h and the 20th of each month. 7. Provide State Industrial Insurance coverage for the AmeriCorps member(s). 8. Provide Medical Insurance coverage for the AmeriCorps member(s)who do not already have coverage. 9. Provide sponsoring organizations with WSC and AmeriCorps logo posters to post in a prominent location. 10. Provide AmeriCorps member(s)with basic AmeriCorps gear. 11. Provide AmeriCorps member(s)training and development opportunities For Individual Placement members at the SERVES Training Institute. Cover the cost of meals and lodging expenses required for attendance at SERVES. Responsibilities of AmeriCorps Member Comply with the AmeriCorps Member Service Agreement. Section XI — Special Terms and Conditions The federal funding source, Corporation for National and Community Service, designates that all those accepting member positions as a sub-grantee will understand fully and comply with and include in all awards and contracting or agreement process the following Terms and Conditions, Assurances and Certifications as part of the federal granting process: 1. Exhibit A (Attached) 2015 Terms and Conditions for AmeriCorps State and National Grants 2. Exhibit B (Attached) 2015 AmeriCorps General Terms and Conditions • 3. Exhibit C (Attached)Assurances and Certifications Order of Precedence In the event of an inconsistency in this MOU, unless otherwise provided herein the • inconsistency shall be resolved by giving precedence in the following order: • A. Applicable Federal and State Statutes and Regulations; • B. Those Terms and Conditions as contained in this basic contract instrument; WSC MOU 2015-2016 Page 9 of 12 06/2015 C. Exhibit A; D. Exhibit B; E. Exhibit C; F. Sponsoring Organization's Policies and Procedures. 1. Failure to comply with the Responsibilities of the Sponsoring Organization sections within this MOU may result in termination of this MOU and removal of the AmeriCorps member(s) from the site. 2. The WSC retains the authority to review and approve or disapprove all subcontracts. For any proposed subcontractor the sponsoring organization shall: a. Be responsible for subcontractor compliance with this MOU and attachments thereto. b. Ensure that the subcontractor follows the WSC reporting formats and procedures as • specified by the WSC. This Memorandum of Understanding clarifies the focus and intent of the joint working relationship of mutual support, cooperation and coordination between the sponsoring organization and the Washington Service Corps AmeriCorps program. By signing below, the Sponsoring Organization agrees to perform all actions and support all intentions of this Memorandum of Understanding, and in addition, confirms they have reviewed and accepted the terms outlined in the Terms and Conditions(General and Grant) and Assurances and Certifications (attached). Legal Applicant Representative: A}4-")67 ?4Ct'S Print Name (person that has signatory authority for organization) Signature: rant A I Jbaj(,i Date: 'JUN 18 2D)� (signatory auth y rorganization) i x Washington Service Corps: Signature: Date: Debbie Aoki, Director OR Signature: io2 Date: 7 - )Vj ' ).S Eric Kindvall, Director of Programs & Operations The original signed Memorandum of Understanding will be filed at Employment Security Department. We recommend you keep a copy for your records, until a fully-executed copy is returned to you. WSC MOU 2015-2016 Page 10 of 12 0612015 Proehl, Josh (ESD) • From: Nancy Backus <nbackus @auburnwa.gov> Sent: Tuesday, July 07, 2015 5:21 PM To: Proehl,Josh (ESD);Coots @ESD.WA.GOV Cc: Michael Hursh; Erica Azcueta;Sarah K Miller Subject: Re:Auburn MOU Please accept this communication as our intent to accept all three AmeriCorps positions.Thank you! Nancy Backus Mayor, Auburn nbackus@auburnwa.gov 253-261-1555 (cell) On Jul 7, 2015, at 4:10 PM, Sarah I< Miller<skmiller @auburnwa.gov>wrote: • Hi Mayor. When you signed the MOU for our AmeriCorps positions last month, mine was inadvertently left off of it. In order to correct it,the AmeriCorps people need an e-mail from you confirming that you are in-fact • accepting all three AmeriCorps positions, not just the two for Human Services.The change is reflect on the attached document. It does not need to be re-signed since the MOU hasn't changed,only the cover page. If you're amenable to this, can you just forward this e-mail to Josh Proehl (JProehl(a@SD.WA.GOV)and Lorraine Coots(LCoots @ESD.WA.GOV)and tell them that our intention is to accept all three? Let me know if you have any questions.Thanks! --Sarah From: Proehl, Josh (ESD) [mailto:JProehl©ESD.WA.GOV] Sent: Tuesday, July 07, 2015 3:08 PM To: Erica Azcueta Cc: Knox, Mary (ESD); Reid, David (ESD); Coots, Lorraine (ESD); Sarah K Miller Subject: RE: Auburn MOU • Greetings Erica, We did receive an MOU that included 2 of the 3 positions and would prefer 1 MOU per organization. I have created a new MOU cover page(page 3)to reflect the addition of the Emergency Management Position. Please review, if it looks correct we will need an email from Nancy Backus confirming the changes. Thanks Erica, - Josh 1 Josh Proehl Program Coordinator Washington Service Corps Employment Security Department PO Box 9046 Olympia, WA 98507-9046 Telephone (360)4074343 Alt. Telephone (888) 713.6080 Fax (360)407-1370 • jproehl @esd.wa.gov <image001.png> Website I Facebook I Twitter From: Coots, Lorraine (ESD) Sent:Tuesday,July 07, 2015 11:26 AM • To: Erica Azcueta Cc: Proehl,Josh (ESD); Knox, Mary (ESD); Reid, David (ESD) Subject: RE:Auburn MOU • That's a good question, Erica. We awarded the City of Auburn one economic opportunity placement, one Veteran's placement and one disaster placement. If it's the same legal applicant listed on these three applications,there should only be one MOU. I'm copying the three WSC Program Coordinators so they can compare their applications to see what is appropriate. • Lorraine Coots, <Program Coordinator Lead Ind ihaIlal and-cream(Programs Washington Service Corps] 6'0 0a:0046] Olympia, WA 9850 7-9 04 6 Z' 360.107.1344 I a 360.407.1370 I lcoots @esdvva.gov Website I Facebook I Twitter <image005.jpg><image006.jpg> From: Erica Azcueta ]mailto:eazcueta @auburnwa.gov] Sent:Tuesday,July 07,2015 8:12 AM To: Coots, Lorraine (ESD) Subject: Auburn MOU Hi Lorraine, • I submitted our MOU a while back but had a question regarding it. Does the MOU cover all AmeriCorps projects in the City of Auburn? I'm asking because we have an emergency management program and I didn't' know if we would need to submit a new MOU for that project, if the current one sent is ok or if we can amend the first one to include it. Please advise. Thank you, Erica Azcueta Veterans and Human Services Coordinator City of Auburn 2 253.876.1965 The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies)to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. <CityofAub urn.MOU1516.Amended.pdty The information contained in this electronic communication is personal,privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. 3 EXHIBIT A 2015 Terms and Conditions for AMERICORPS STATE and NATIONAL GRANTS Effective May 1,2015 These Corporation for National & Community Service (CNCS) Grant Program Specific Terms and Conditions and the General Terms and Conditions, are binding on the recipient. TABLE OF CONTENTS I. Changes from the 2014 AmeriCorps Grant Provisions 2 II. Definitions 2 Iil. Affiliation with the AmeriCorps National Service Network 3 IV. Member Recruitment, Selection, and Exit 4 V. Supervision and Support 6 VI. Changes in Member Terms of Service or Program Slots 9 VII. Release from Participation 11 VIII. Living Allowances, Other In-Service Benefits, and Taxes 11 IX. Member Records and Confidentiality 14 X. Budget and Programmatic Changes 16 Xl. Reporting Requirements 17 XII. Award Period and Incremental Funding 19 XIII. Program Become 19 XIV. Safety 20 XV. Fixed Amount Awards 20 1 EXHIBIT A CHANGES FROM THE 2014 AMERICORPS GRANT PROVISIONS For your convenience, we have identified changes from last year's AmeriCorps State and National grant provisions. The list below is general and informational in nature, not comprehensive. We reiterate the importance of reviewing all award terms and conditions, because recipients are responsible for knowing, understanding, and complying with all award terms and conditions. 1. Changed the name of the AmeriCorps State and National Grant Provisions to Terms and Conditions for AmeriCorps State and National Grants. 2. Moved the General Provisions included in these terms and conditions to the General Terms and Conditions. 3. Updated citations throughout these specific terms and conditions. 4. Section II.—Added definitions related to planning grants and the NCSA. 5. Section XII.—Added award period information for planning grants. 6. Section XV.—Updated the frequency of CNCS review of the amount of hours members serve in fixed amount awards. II. DEFINITIONS A. Recipient, for the purposes of'this agreement, means the direct recipient of this award. The recipient is legally accountable to CNCS for the use of award funds, or member positions, and is bound by the provisions of the award. The recipient is responsible for ensuring that subrecipients or other • organizations carrying out activities under this award comply with all applicable Federal requirements, including the CNCS General Terms and Conditions, these specific terms and conditions, regulations incorporated by reference, and the NCSA. B. Planning Grant, for the purposes of this agreement, is an award or subaward provided to a qualified applicant that submits an application for the planning of a national service program. State Service Commissions may award planning grants as part of their Formula Cost Reimbursement prime award. Planning grants do not include member positions. Planning grants may not exceed an amount greater than $75,000 per program. C. Subrecipient refers to an organization receiving AmeriCorps award funds or member positions from a recipient of CNCS. See 2 CFR § 200.93. D. Operating site means the organization that manages the AmeriCorps program and places members into service locations. State subrecipients (programs) are operating sites.National recipients must identify at least one operating site to which they can assign service locations in the state where they are placing members. E. Program refers to the activities supported under the award. 2 -EXHIBIT A F. Service Location means the organization where or with which a member actually provides his or her service in the community. Typical service locations are schools, food banks, health clinics,community parks, etc. The service location may be the same as the operating site, but only if the member actually serves at or with the operating site organization. A member may serve at multiple service locations, all of which must be listed in the portal, although the program must select only one for the member's primary assignment. G. Member or participant means an individual: I. Who has been selected by a recipient or subrecipient to serve in an approved national service position; 2. Who is a U.S. citizen, U.S. national,or lawful permanent resident alien of the United States; 3. Who is at least 17 years of age at the commencement of service unless the member is out of school and enrolled in a full-time, year-round youth corps or full-time summer program as defined in the NCSA (42 U.S.C. § 12572 (a)(3)(B)(x)), in which case he or she must be between the ages of 16 and 25, inclusive, and 4. Who has received a high school diploma or its equivalent, agrees to obtain a high school diploma or its equivalent (unless this requirement is waived based on an individual education assessment conducted by the program) and the individual did not drop out of an elementary or secondary school to enroll in the program, or is enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under 20 U.S.C. § 1091 (See Section IX. B.). - H. NCSA means the National and Community Service Act of 1990, as amended. See 45 U.S.C. §§ 12501-12657. III. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE PROGRAM A. Identification as an AmeriCorps Program or Member. The recipient shall identify the program as an AmeriCorps program and members as AmeriCorps members. All agreements with subrecipients, operating sites, or service locations, related to the AmeriCorps program must explicitly . state that the program is an AmeriCorps program and AmeriCorps members are the resource being provided. B. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of CNCS. CNCS provides a camera-ready logo. All recipient and subrecipient websites shall clearly state that they are an AmeriCorps recipient and shall prominently display the AmeriCorps logo. Recipients and subrecipients shall use the AmeriCorps name and logo on service gear 3 • EXHIBIT A and public materials such as stationery, application forms, recruitment brochures, on-line position postings or other recruitment materials, orientation materials, member curriculum materials, signs, banners,press releases and publications related to their AmeriCorps program in accordance with CNCS requirements. To publicize the relationship between the program and AmeriCorps, the recipient shall describe their program as"an AmeriCorps program." Recipients shall provide information or training to their Ameri Corps members about how their program is part of the national AmeriCorps program and about the other national service programs of CNCS. Recipients are strongly encouraged to place signs that include the AmeriCorps name and logo at their service sites and may use the slogan "AmeriCorps Serving Here." AmeriCorps members should state that they are AmeriCorps members during public speaking opportunities. The recipient may not alter the AmeriCorps logo, and must obtain written permission from CNCS before using the AmeriCorps name or logo on materials that will be sold, or permitting donors to use the AmeriCorps name or logo in promotional materials. The recipient may not use or display the AmeriCorps name or logo in connection with any activity prohibited by statute,regulation, or CNCS General Terms and Conditions, and these specific award terms and conditions. IV. MEMBER RECRUITMENT, SELECTION, AND EXIT Member recruitment and selection requirements are in CNCS's regulations at 45 CFR §§ 2522.210 and Part 2540, subpart B. In addition, the recipient must ensure that the following procedures are followed: A. Notice to CNCS's National Service Trust. The recipient must notify CNCS's National Service Trust, via the MyAmeriCorps Portal, within 30 days of a member's start of,completion of, suspension from, or release from, a term of service: Suspension of service is defined as an extended period during which the member is not serving, nor accumulating service hours or receiving AmeriCorps benefits. The recipient also must notify the Trust, via the My AmeriCorps Portal, when a change in a member's term of service is approved and changed (i.e. from full-time to less than full-time or vice versa). Failure to report such changes within 30 days may result in sanctions to the recipient, up to and including, suspension or termination of the award. Recipients or subrecipients meet notification requirements by using the appropriate electronic system to inform CNCS of changes within the required time frames. Any questions regarding the Trust should be directed to the Trust Office (800) 942-2677. 4 EXHIBIT A B. Parental Consent. Parental or legal guardian consent must be obtained for members under 18 years of age before members begin a term of service. Recipients may also include an informed consent form of their own design as part of the member service agreement materials. C. Reasonable Accommodation. Programs and activities must be accessible to persons with disabilities, and the recipient must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members, service recipients, applicants, and staff All selections and project assignments must be made without regard to the need to provide reasonable accommodation. See the FAQ for more information: (http://www.nationalservice.gov/sites/default/files/documents/AmeriCorps _State National_Policy_FAQs.pdf). D. Assigning Members to Service Locations. The recipient is required to ensure that all operating sites and all service locations are entered in the My AmeriCorps portal for all members within 30 days of members' starting a term of service. The recipient is required to include the name of the organization, and the full address or zip-plus-four of the service locations where each member will be serving. If a member is serving at multiple service locations,the program must select the one where the member serves a majority of his or her hours for the member's assignment,however, all service locations must be listed in the portal. E. Completion of Terms of Service. The recipient must ensure that each member has sufficient opportunity to complete the required number of hours of service to qualify for the education award. Members must he exited within 30 days of the end of their term of service. If this award expires or is not renewed, a member who was scheduled to continue in a term of service may either be placed in another program,where feasible, or if the member has completed at least 15% of the service hour requirement, the member may receive a pro-rated education award. F. Member Exit. In order for a member to receive an education award from the National Service Trust, the recipient must certify to the National Service Trust that the member satisfactorily and successfully completed the term of service, and is eligible to receive the education benefit. The recipient (and any individual or entity acting on behalf of the recipient) is responsible for the accuracy of the information certified on the end-of- term certification. G. Penalties for false information: Any individual who makes a materially false statement or representation in connection with the approval or disbursement of an education award or other payment from the National 5 EXHIBIT A Service Trust may be liable for the recovery of funds and subject to civil and criminal sanctions. • V. SUPERVISION AND SUPPORT A. Planning for the Term of Service. The recipient must develop member positions that provide for meaningful service activities and performance criteria that are appropriate to the skill level of members. The recipient is responsible for ensuring that the positions do not include or put the AmeriCorps member in a situation in which the member is at risk for engaging in any prohibited activity (see 45 CFR § 2520.65), activity that would violate the non-duplication and non-displacement requirements (see 45 CFR§ 2540.100), or exceeding the limitations on allowable fundraising activity(see 45 CFR §§ 2520.40-.45). The recipient must accurately and completely describe the activities to be performed by each member in a position description. Position descriptions must be provided to CNCS upon request. The recipient must ensure that each member has sufficient opportunity to complete the required number of hours to qualify for an education award. In planning for the member's term of service, the recipient must account for holidays and other time off, and must provide each member with sufficient opportunity to make up missed hours. B. Member Service Agreements. The recipient must require that each member sign a member service agreement that includes, at minimum, the following: 1. Member position description; 2. The minimum number of service hours (as required by statute) and other requirements (as developed by the recipient) necessary to successfully complete the term of service and to be eligible for the education award; 3. The amount of the education award being offered for successful completion of the terms of service in which the individual is enrolling; 4. Standards of conduct, as developed by the recipient or sub recipient; 5. The list of prohibited activities, including those specified in the regulations at 45 CFR § 2520.65 (see paragraph C, below); 6. The text of 45 CFR $& 2540.100(e)-(f), which relates to Non- duplication and Nondisplacement; 7. The text of 45 CFR $§ 2520.40-.45, which relates to fundraising by members; 8. Requirements under the Drug-Free Workplace Act(41 U.S.C. § 701 et seq.); 9. Civil rights requirements, complaint procedures, and rights of .beneficiaries; 6 EXHIBIT A 10. Suspension and termination rules; 11. The specific circumstances under which a member may be released for cause; 12. Grievance procedures; and 13. Other requirements established by the recipient. The recipient should ensure that the service agreement is signed before commencement of service so that members are fully aware of their rights and responsibilities. C. Prohibited Activities. While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8. Providing a direct benefit to— a. A business organized for profit; b. A labor union; c. A partisan political organization; d. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the hnternal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and e. An organization engaged in the religious activities described in paragraph C. 7. above, unless CNCS assistance is not used to support those religious activities; 7 EXHIBIT A 9. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; and 11. Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non- CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. D. Supervision. The recipient must provide members with adequate supervision by qualified supervisors consistent with the approved award application. The recipient must conduct an orientation for members, including training on what activities are prohibited during AmeriCorps service hours, and comply with any pre-service orientation or training required by CNCS. The recipient must ensure that it does not exceed the limitation on member service hours spent in education and training set forth in 45 CFR § 2520.50. E. Performance Reviews. The recipient must conduct and keep a record of at least a midterm and an end-of-term written evaluation of each member's performance for Full and Half-Time members and an end-of-term written evaluation for less than Half-time members. The end-of-term evaluation should address,at a minimum,the following factors: 1. Whether the member has completed the required number of hours; 2. Whether the member has satisfactorily completed assignments; and 3. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. F. Timekeeping. The recipient is required to ensure that time and attendance recordkeeping is conducted by the AmeriCorps member's supervisor. This time and attendance record is used to document member eligibility for in-service and post-service benefits. Time and attendance records must he signed and dated both by the member and his/her supervisor. If a Professional Corps program wants to follow the timekeeping practices of its profession and certify that members have completed the minimum required hours, excluding sick and vacation days, it must get advance written approval from CNCS. 8 EXHIBIT A G. Member Death or Injury. The recipient must inimediately report any member deaths or serious injuries to the designated CNCS Program Officer. VI. CHANGES IN MEMBER TERMS OF SERVICE OR PROGRAM SLOTS A. Changes that Require CNCS Approval. Circumstances may arise within a program that necessitate changing the type of unfilled AmeriCorps member positions awarded to a recipient or subrecipient, or changing the term of service of a currently enrolled member.Note that once a member is exited with a partial education award, the remaining portion of that education award is not available for use. The following changes require written approval from CNCS's Office of Grants Management as well as written approval and concurrence from the State Commission or National Direct recipient: 1. A change in the number of member service year (MSY) positions in the award; and/or 2. A change in the funding level of the award. B. Changing Slot Types (unfilled positions). Recipients or subrecipients may change the type of slots awarded to their program if: 1. The change does not increase the total MSYs authorized in the Notice of Grant Award (e.g. one half-time position cannot be changed to one full-time position); and 2. The change does not increase the value of the education award; and, 3. If the award is a Full-cost Fixed Amount or Professional.Corps Fixed Amount award, the slot will he filled by a member serving in a full-time capacity. All changes to slot type are subject to availability of funds in the Trust, must be Trust neutral, and must comply with all assumptions on which Trust prudence and continued solvency are predicted. Changes in slot type may be made by the recipient directly in the My AmeriCorps Portal. C. Changing a Term of Service (currently enrolled positions). Changes in terms of service may not result in an increased number of MSYs for the program. With the exception of Education Award only awards, recipients with Fixed Amount awards may not convert members to less-than-full- time slots. 1. Full-time. State Commissions and National Direct Organizations may authorize or approve occasional changes of currently enrolled full-time members to less than full-time members. Impact on program quality should be factored into approval of such requests. 9 EXHIBIT A CNCS will not cover health care or childcare costs for less than full-time members. It is not allowable to transfer currently enrolled full-time members to a less than full-time status simply to provide a less than full-time education award. 2. Less than Full-time. CNCS discourages changing less than full- time members to full-time because it is very difficult to manage, unless done very early in the member's term of service. State Commissions and National Direct Parent Organizations may authorize or approve such changes so long as their current budget can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 12 months of the member's original start date. 3. Refilling Slots. With the exception of recipients whose awards have special award conditions under2 CFR §§ 200.207 or 200.338, AmeriCorps State and National programs that have fully enrolled their awarded member slots are allowed to replace any member who terminates service before completing 30 percent of his/her term provided that the member who is terminated is not eligible for and does not receive a pro-rated education award. Programs may not refill the same slot more than once. As a fail-safe mechanism to ensure that resources are available in the National Service Trust to finance all earned education awards, CNCS will suspend refilling if either: a. Total AmeriCorps enrollment reaches 97 percent of awarded slots; or b. The number of refills reaches five percent of awarded slots. 4. Direct recipients may transfer refill slots between operating sites as long as they can ensure and document that the same slot is not refilled more than once. Refill slot transfers between operating sites require CNCS Program Officer assistance. Refill slots may not be combined with unfilled slots. D. Formula and State Competitive Award Slot Transfers. State commissions are allowed to transfer slots among their state formula and competitive subrecipients in order to maximize enrollment and cost effectiveness without prior approval. State commissions may not transfer slots between competitive and formula subrecipients, or vice-versa. State commissions may not transfer funds among their competitive subrecipients. E. Notice to Childcare and Healthcare Providers. The recipient must immediately notify CNCS's designated agents, in writing,when a member's status changes in a manner that affects eligibility for childcare or healthcare. See Section VITI.D. 10 EXHIBIT A VII. RELEASE FROM PARTICIPATION Recipients may release members from participation for two reasons: (a) for compelling personal circumstances; and (b) for cause. See 45 CFR § 2522.230 for requirements. Whether the reason for the release amounts to circumstances beyond the member's control is determined by the recipient, consistent with the criteria listed in 45 CFR § 2522.230(a). Failure to follow the requirements set forth in regulation (e.g., releasing an individual for a non-compelling personal circumstance, such as when the individual is leaving to go to school) is considered non-compliance with award requirements and may result in disallowed costs and other remedies for non-compliance. In addition to the regulations, the following applies: No Automatic Disqualification if Released for Cause: A release for cause covers all circumstances in which a member does not successfully complete his/her term of service for reasons other than compelling personal circumstances. Therefore, it is possible for a member to receive a satisfactory performance review and be released for cause. For example, a member who is released for cause from a first term—e.g. the individual has decided to take a job offer—but who, otherwise, performed well, would not be disqualified from enrolling for a subsequent term as long as the individual received a satisfactory performance evaluation for the first period of service. VIII. LIVING ALLOWANCES,OTHER IN-SERVICE BENEFITS,AND TAXES Requirements related to member living allowances and benefits are in 45 CFR §§ 2522.240 and 2522.250. In addition, recipients must ensure that the following procedures are followed: A. Living Allowance Distribution. A living allowance is not a wage. Recipients must not pay a living allowance on an hourly basis. Recipients should pay the living allowance in regular increments, such as weekly or bi-weekly, paying an increased increment only on the basis of increased living expenses such as food, housing, or transportation. Payments should not fluctuate based on the number of hours served in a particular time period, and must cease when the member's service ceases. If a member serves all required hours and is permitted to conclude his or her term of service before the originally agreed upon end of term, the recipient may not provide a lump sum payment to the member. Similarly, if a member is selected after the program's start date, the recipient must provide regular living allowance payments from the member's start date and may not increase the member's living allowance incremental payment or provide a lump sum to make up any missed payments. 11 EXHIBIT A Education Award Program Fixed Amount awards (EAPs) and Partnership Challenge awards may provide a living allowance or other in-service benefits to their members, but are not required to do so. Full-cost and other Fixed Amount recipients must provide a living allowance to their members. B. Waiving the Living Allowance. If a living allowance is paid, a member may waive all or part of the payment of a living allowance if he or she believes his or her public assistance may be lost or decreased because of the living allowance. Even if a member waives his or her right to receive the living allowance, it is possible—depending on the specific public assistance program rules—that the amount of the living allowance that the member is eligible to receive will be deemed available. A member who has waived the living allowance may revoke the waiver at any time and may begin receiving the living allowance going forward from the date the individual revoked the waiver. A member may not receive any portion of the living allowance for the period of time the living allowance was waived. C. Taxes and Insurance. I. Liability Insurance Coverage. The recipient is responsible for ensuring adequate general liability coverage for the organization, employees and members, including coverage of members engaged in on-and off-site project activities. 2. PICA (Social Security and Medicare taxes). Unless the recipient obtains a ruling from the Social Security Administration or the Internal Revenue Service that specifically exempts its AmeriCorps members from FICA requirements, the recipient must pay FICA for any member receiving a living allowance. The recipient also must withhold 7.65% from the member's living allowance. 3. Income Taxes. The recipient must withhold Federal personal income taxes from member living allowances, requiring each member to complete a W-4 form at the beginning of the term of service and providing a W-2 form at the close of the tax year. The recipient must comply with any applicable state or local tax requirements. 4. Worker's Compensation. Some states require worker's compensation for AmeriCorps members. Recipients must check with State Departments of Labor or state commissions to determine worker's compensation requirements. If worker's compensation is not required, recipients must obtain Occupational, Accidental, and Death and Dismemberment coverage for members to cover in-service injury or incidents. 12 EXHIBIT A D. Healthcare Coverage. Except for EAPs, Professional Corps, Partnership Challenge awards, or members covered under a collective bargaining agreement, the recipient must provide, or make available, healthcare insurance to those members serving a 1700-hour full-time term who are not otherwise covered by a healthcare policy at the time the member begins his/her tcrm of service.The recipient must also provide, or make available, healthcare insurance to members serving a 1700-hour full-time term who lose coverage during their term of service as a result of service or through no deliberate act of their own. CNCS will not cover healthcare costs for dependent coverage. Less-than-full-time members who are serving in a full-time capacity for a sustained period of time (e.g. a full-time summer project) are eligible for healthcare benefits...Programs may provide health insurance to less-than- full-time members serving in a full-time capacity, but they are not required to do so. For purposes of this provision, a member is serving in a full-time capacity when his/her regular term of service will involve performing service on a normal full-time schedule for a period of six weeks or more. A member may be serving in a full-time capacity without regard to whether his/her agreed term of service will result in a full-time Segal AmeriCorps Education Award. Any of the following health insurance options will satisfy the requirement for health insurance for full-time AmeriCorps members (or less than full- time members serving in a full-time capacity): staying on parents' or spouse plan; insurance obtained through the Federal Health Insurance Marketplace of at least the Bronze level plan; insurance obtained through private insurance broker; Medicaid, Medicare or military benefits. AmeriCorps programs purchasing their own health insurance for members must ensure plans are MEC and meet the requirements of the Affordable Care Act. Per a May 14, 2014 notice, the Department of Health and Human Services (HHS) issued guidance that created a special healthcare enrollment period for all AmeriCorps State and National members. Starting Service: If members begin service after the open enrollment period which ended on March 30, 2014,they have 60 days from the service start date to sign-up for healthcare coverage through the federal healthcare marketplace. Ending Service: At the conclusion of service, members will also be able to purchase a qualified health plan from the federal healthcare marketplace outside of the annual open enrollment period. Members have 60 days from the service end date to sign-up for healthcare coverage. If coverage is being provided via the Healthcare Marketplace, and thus 13 EXHIBIT A third party payment is not an option, programs must develop a process to reimburse members for monthly premiums. Reimbursements for health insurance premiums are considered taxable income for the member, and programs must have a way to document such reimbursements. E. Administration of Childcare Payments. In general, CNCS will provide for childcare payments, which will be administered through an outside contractor. Requirements and eligibility criteria are in the AmeriCorps regulations,45 CFR § 2522.250. Members serving in EAPs or Partnership Challenge programs are not eligible for the childcare benefit. CNCS will not cover childcare costs for members who served on a less than full-time basis, or who have ceased serving. Programs may provide child care to less-than-full-time members serving in a full-time capacity, but they are not required to do so. Recipients that choose to provide childcare and will claim the costs of childcare as matching costs, as approved in their budget, may contact the childcare contractor for technical assistance. Recipients can contact the AmeriCorps hotline at 1-800-942-2677 with questions regarding childcare. The criteria for member eligibility are contained in 45 CFR § 2522.250. Also see the FAQs, (http://www.national service.gov/sites/defau lt/files/documents/AmeriCorps _State National_Policy_FAQs.pdf) for more detailed information on administering childcare and healthcare benefits. F. Notice to Childcare Providers. The recipient must immediately notify CNCS's designated agents in writing, when a member's status changes in a manner that affects the member's eligibility for childcare. Examples of changes in status include: changes to a member's scheduled service so that he/she is no longer serving on a full-time basis, terminating or releasing a member from service, and suspending a member for cause for a lengthy or indefinite time period. Program directors should contact the childcare provider on childcare related changes. IX. MEMBER RECORDS AND CONFIDENTIALITY A. Recordkeeping. The recipient must maintain records, including the position description, sufficient to establish that each member was eligible to participate and that the member successfully completed all program requirements. A program may store member files electronically and use electronic signatures if the program can ensure the validity and integrity of the record and signature is maintained. The program's electronic storage procedures and system must provide for the safe-keeping and security of the records, including: 1. Sufficient prevention of unauthorized alterations or erasures of records; 14 EXHIBIT A 2. Effective security measures to ensure that only authorized persons have access to records; • 3. Adequate measures designed to prevent physical damage to records; and 4. A system providing for back-up and recovery of records;and The electronic storage procedures and system provide for the easy retrieval of records in a timely fashion, including: 1. Storage of the records in a physically accessible location; 2. Clear and accurate labeling of all records; and 3. Storage of the records in a usable, readable format. B. Verification of Eligibility. Unless an individual's social security number and citizenship was verified through the My AmeriCorps Portal, the recipient must obtain and maintain documentation as required by 45 CFR § 2522.200(c). CNCS does not require programs to make and retain copies • of the actual documents used to confirm age or citizenship eligibility requirements, such as a driver's license, or birth certificate, as long as the recipient has a consistent practice of identifying the documents that were reviewed and maintaining a record of the review. • Enrolling in the My AmeriCorps portal requires members to certify their high school status. Such certification fulfills the recipient's verification requirement to obtain and maintain documentation from the member relating to the member's high school education. If the member is incapable of obtaining a high school diploma or its equivalent, as determined by an independent evaluation,the recipient must retain a copy of the supporting evaluation. C. Confidential Member Information. The recipient must maintain the confidentiality of information regarding individual members. The recipient must obtain the prior written consent of all members before using their names, photographs and other identifying information for publicity, promotional or other purposes. Recipients may release aggregate and other non-identifying information, and are required to release member information to CNCS and its designated contractors. The recipient must permit a member who submits a written request for access to review records that pertain to the member and were created pursuant to this award. D. National Service Criminal History Check. The specific requirements of the National Service Criminal History Check, including the timing and recordkeeping requirements, are specified at 45 CFR &§ 2540.200 -.207. See also the final rule and the CNCS website for more information. You must retain a record of the NSOPW search and associated results either by 15 EXHIBIT A printing the screen(s)or by some other method that retains paper or digital images of the NSOPW checks, inclusive of the date record for when the search was performed. Inability to demonstrate that you conducted an • NSOPW or the required criminal history check, as specified in the regulations, may result in sanctions, including disallowance of all or part of the costs associated with the non-compliance (see 2 CFR § 200.338) . X. BUDGET AND PROGRAMMATIC CHANGES A. Programmatic Changes. The recipient must first obtain the prior written approval of the AmeriCorps Program Office before making any of the following changes (1-3): 1. Changes in the scope, objectives or goals of the program, whether or not they involve budgetary changes; 2. Substantial changes in the level of member supervision; 3. Entering into additional sub awards or contracts for AmeriCorps activities funded by the award, but not identified or included in the approved application and award budget. Upon notification to the AmeriCorps Program Office, recipients may make programmatic changes due to, or in response to, an officially-declared state or national disaster without written approval from CNCS. As soon as practicable, recipients making disaster-related programmatic changes must discuss the • recordkeeping, member activities, performance measure adjustments,and other AmeriCorps award requirements with the AmeriCorps Program Office. While written approval from CNCS is not required before making disaster-related programmatic changes, CNCS reserves the right to limit or deny disaster-related programmatic changes. B. Program Changes for Formula Programs. State Commissions are responsible for approving the above changes for state formula programs. C. Budgetary Changes. The recipient must obtain the prior written approval of CNCS's Office of Grants Management before deviating from the approved budget in ally of the following ways: 1. Specific Costs Requiring Prior Approval before Incurrence under OMB Cost Principles 2 CFR Part 200, Subpart E. For certain cost items, the cost principles require approval of the awarding agency for the cost to he allowable. Examples of these costs are overtime pay, rearrangement and alteration costs, and pre-award costs. 2. Purchases of Equipment over$5,000 using award funds, unless specified in the approved application and budget. 16 EXHIBIT A 3. Unless the CNCS share of the award is $100,000 or less, changes to cumulative and/or aggregate budget line items that amount to 10 per cent or more of the total budget must be approved in writing in advance by CNCS. The total budget includes both the CNCS and recipient shares. Recipients may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 percent of the total budget. D. Approvals of Programmatic and Budget Changes. CNCS's Grants Officers are the only officials who have the authority to alter or change the terms and conditions or requirements of the award. The Grants Officers will execute written amendments,and recipients should not assume approvals have been granted unless documentation from the Grants Office has been received. Programmatic changes also require final approval of CNCS's Office of Grants Management after written recommendation for approval is received from the Program Office. E. Exceptions for Fixed Amount Awards. Recipients with Fixed Amount awards are not subject to the requirements in Section C., Budgetary Changes, above. XI. REPORTING REQUIREMENTS This section applies only to the recipient. The recipient is responsible for timely submission of periodic financial and progress reports during the project period and a final financial report and for setting submission deadlines for its respective subrecipients that ensure the timely submission of recipient reports. A. Recipient Progress Reports. The recipient shall complete and submit progress reports in eGrants to report on progress,toward achievement of its approved performance targets. Due Date Reporting Period Covered April 30 Start of award through March 31 October 31 Start of award year through end of award year or September 30,whichever is sooner B. Financial Reports. The recipient shall complete and submit financial reports in eGrants (Financial Status Reports on menu tree)to report the status of all funds. The recipient must submit timely cumulative financial reports in accordance with CNCS guidelines according to the following schedule: Due Date Reporting Period Covered April 30 Start of award through March 31 October 31 April 1 —September 30 17 • EXHIBIT A A recipient must set submission deadlines for its respective subrecipients that ensure the timely submission of recipient reports. Cost reimbursement National Professional Corps recipients submit one financial report per year. All recipients, including Fixed Amount recipients, must submit the Federal Financial Report(FFR)- Cash Transactions Report on a quarterly basis to the Department of Health and Human Services Payment Management System per the Electronic Funds Transfer Agreement. • C. Reporting Other Federal Funds. The recipient shall report the amount and sources of federal funds, other than those provided by CNCS, claimed as matching funds. This includes other federal funds expended by subrecipients and operating sites and claimed as match. This information shall be reported annually on the financial report due October 31st or at the time the final financial report is submitted if the final report is due prior to October 31st. Fixed Amount recipients are not required to report this information. D. Requests for Extensions. Each recipient must submit required reports by the given dates. Extensions of reporting deadlines will be granted only when I) the report cannot be furnished in a timely manner for reasons, in the determination of CNCS, legitimately beyond the control of the recipient, and 2) CNCS receives a written request explaining the need for an extension before the due date of the report. Extensions of deadlines for financial reports may only be granted by the Office of Grants Management, and extensions of deadlines for progress reports may only be granted by the AmeriCorps Program Office. E. Final Financial Reports. A recipient must submit, in lieu of the last semi-annual financial report,a final financial report. This final report is due no later than 90 days after the end of the project period F. Final Progress Reports. A recipient must submit, in addition to the last semi-annual project report, a final project report. This final report is due no later than 90 days after the end of the project period. G. Financial Reports for Fixed Amount Awards. Fixed Amount recipients are not required to submit financial reports to CNCS, including the final financial report. 18 EXHIBIT A XII. AWARD PERIOD AND INCREMENTAL FUNDING For the purpose of the award, a project period is the complete length of time the recipient is proposed to be funded to complete approved activities under the award. A project period may contain one or more budget periods. A budget period is a specific interval of time for which Federal funds are being provided to fund a recipient's approved activities and budget. Unless otherwise specified,the award covers a three-year project period. In approving a multi-year project period, CNCS generally makes an initial award for the first year of operation. Additional funding is contingent upon satisfactory performance, a recipient's demonstrated capacity to manage an award and comply with award requirements, and the availability of Congressional appropriations. CNCS reserves the right to adjust the amount of an award, or elect not to continue funding for subsequent years. The project period and the budget period are noted on the award document. A planning grant covers a one-year project period. XIII. PROGRAM INCOME A. General. Income, including fees for service earned as a direct result of the award-funded program activities during the award period, must be retained by the.recipient and used to finance the award's non-CNCS share. B. Excess Program Income. Program income earned in excess of the amount needed to finance the recipient share must follow the appropriate requirements of 2 CFR Part 220 and be deducted from total claimed costs. Recipients that earn excess income must specify the amount of the excess in the comment box on the financial report. C. Fees for Service. When using assistance under this award, the recipient may not enter into a contract for or accept fees for service performed by members when: I. The service benefits a for-profit entity, 2. The service falls within the other prohibited activities set forth in these award provisions, or 3. The service violates the provisions of 42 U.S.C. § 12637— Nonduplication and Nondisplacement. D. Full-Cost and Professional Corps Fixed Amount Awards and Partnership Challenge Awards. The recipient must notify its Grants Officer if it earns program income in excess of the amounts needed to cover all expenditures under the award. The Grants Officer will determine the disposition of the excess program income. 19 EXHIBIT A XIV. SAFETY The recipient must institute safeguards as necessary and appropriate to ensure the safety of members. Members may not participate in projects that pose undue safety risks. XV. FIXED AMOUNT AWARDS Fixed Amount awards are not subject to the cost principles in 2 CFR,Part 220, Subpart E. Fixed Amount awards must comply with the remaining provisions of 2 CFR Part 220, including Subpart F relating to audit requirements. Fixed Amount awards include Education Award program (EAP) Fixed Amount awards, Professional Corps Fixed Amount awards, Full-Cost Fixed Amount awards, and Partnership Challenge awards. For Education Award programs (EAP),the fixed federal assistance amount of the award is based on the approved and awarded number of full-time members specified in the award. For full-cost and Professional Corps Fixed Amount awards, the fixed federal assistance amount of the award is based on the approved and awarded numbers of full-time members and the members' completion of their terms of service. For EAPs, the final amount of award funds that the recipient may retain is dependent upon the recipient's notifying CNCS's National Service Trust of the members that it has enrolled. All EAP members must carry out activities to achieve the specific project objectives as approved by CNCS. At closeout, CNCS will calculate the final amount of the award based on Trust documentation. CNCS will recover any amounts drawn down by the recipient in excess of the final award amount allowed based on member selection documentation in the My AmeriCorps Portal. For all other Fixed Amount awards, the recipient may draw funds from the EIHS Payment Management System based on the number of members who complete a full term of service or if the member leaves before completing service, a pro-rated amount based on hours served. Full-cost and Professional Corps programs may draw up to 20% of the funds within the first two months to cover start-up costs(recruitment and application, training,criminal history checks, etc.); however, total funds drawn should be based on the number of members on board at the time and the percentage of hours completed. 13i-annually, in some cases quarterly, and at closeout, CNCS will calculate the final amount of the award for the year or entire project period (at closeout) based on the number of successfully completed terms of service (as certified by the program) as well as the hours served that were not certified as successfully completed. 20 EXHIBIT A Partnership Challenge programs are awarded only member positions, but not federal funds. Therefore, Partnership Challenge programs will not draw any funds from the HHS Payment Management System. 21 EXHIBIT B 2015 GENERAL GRANT TERMS AND CONDITONS Effective January 1,2015 These Corporation for National & Community Service (CNCS)Grant Terms and Conditions are binding on the recipient. By accepting funds under this award, the recipient agrees to comply with, and include in all awards and subawards, these Grant Terms and Conditions,the program-specific grant terms and conditions, all applicable federal statutes, regulations and guidelines,and any amendments thereto. The recipient agrees to operate the funded program in accordance with the approved grant application and budget, supporting documents, and other representations made in support of the approved grant application. The term recipient is used to connote either recipient or subrecipient, as appropriate, throughout these Terms and Conditions. TABLE OF CONTENTS I. Legislative and Regulatory Authority 2 II. Other Applicable Terms and Conditions 2 III. General Terms and Conditions 2 A. Responsibilities under Grant Administration 2 B. Financial Management Standards . 3 C. The Office of Inspector General 4 D. Reporting of Fraud, Waste, and Abuse 4 E. Whistleblower Protection 5 F. Liability and Safety Issues 5 G. Site Visits 5 H. Non-Discrimination Public Notice and Records Compliance 5 I. Grants Products 7 J. Suspension or Termination of Award 7 K. Trafficking in Persons 7 L. Central Contractor Registration and Universal Identifier Requirements 9 M. Transparency Act Award Term (greater than or equal to $25,000) 10 W. Criminal History Checks 13 V. Conflict of Interest 13 VI. Attachment Grant Program Civil Rights and Non-Harassment Policy 14 EXHIBIT I. LEGISLATIVE AUTHORITY This award is authorized by and subject to The National and Community Service Act of 1990, as amended, (42 U.S.C: 12501 et seq.) (NCSA) and/or the Domestic Volunteer Service Act of 1973, as amended, (42 USC 4950 et seq.) (DVSA) and CNCS's implementing regulations in 45 CFR Chapter XII and/or XXV. Recipients must comply with the requirements of the NCSA and/or DVSA, as applicable, and CNCS's implementing regulations. II. OTHER APPLICABLE TERMS AND CONDITIONS This award is subject to the Uniform administrative requirements, cost principles, and audit requirements for Federal awards located at 2 CFR Part 200 and CNCS's.implementing regulations at 2 CFR Part 2205. The recipient must comply with all other applicable statutes, executive orders, regulations,and policies governing the award, including,but not limited to, those cited in these Grant Terms and Conditions, the Grant Assurances and Certifications, and 2 CFR Parts 200 and 2205. Any inconsistency in the Grant Agreement shall be resolved by giving precedence in the following order(a) applicable Federal statutes;(b)applicable Federal regulations, (c) CNCS Specific Grant Terms and Conditions, (d) CNCS General Grant Terms and Conditions, (e)the Notice of Funding Opportunity, and (f)the approved Grant Application including all assurances, certifications, and attachments. HI. GENERAL TERMS AND CONDITIONS A. RESPONSIBILITIES UNDER AWARD ADMINISTRATION I. Accountability of the Recipient. The recipient has full fiscal and programmatic responsibility for managing all aspects of the award and award-supported activities, subject to the oversight of CNCS. The recipient is accountable to CNCS for its operation of the program and the use of CNCS award funds. The recipient must expend award funds in a judicious and reasonable manner, and it must record accurately the service activities and outcomes achieved under the award. Although recipients are encouraged to seek the advice and opinion of CNCS on special problems that may arise,such advice does not diminish the recipient's responsibility for making sound judgments and does not shift the responsibility for operating decisions to CNCS. 2. Subawards. If authorized by CNCS, a recipient may make subawards in accordance with the requirements set forth in 2 CFR Parts 200 and 2205. The recipient must have and implement a plan for oversight and monitoring to ensure that each sub recipient and/or service site has agreed to comply, and is complying, with award requirements. 3. Notice to CNCS. The recipient will notify the appropriate CNCS 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 9 • EXHIBIT B aspects of the award, or any suspected misconduct or malfeasance related to the award or recipient. The recipient will inform the CNCS official about the corrective action taken or contemplated by the recipient and any assistance needed to resolve the situation. B. FINANCIAL MANAGEMENT STANDARDS 1. General. The recipient must maintain financial management systems that include standard accounting practices, sufficient internal controls consistent with 2 CFR Parts 200 and 2205, a clear audit trail, and written cost allocation procedures, as necessary. Financial management systems must be capable of distinguishing expenditures attributable to this award from expenditures not attributable to this award. The systems must be able to identify costs by program year and by budget category, and to differentiate between direct and indirect costs. For further details about the recipient's financial management responsibilities, refer to 2 CFR Chapters I, II, and XXII. 2. Consistency of Treatment. To be allowable under an award, costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Furthermore, the costs must be accorded consistent treatment in both federally financed and other activities, as well as between activities, supported by different sources of federal funds. 3. Audits. Recipient organizations that expend $750,000 or more in total federal awards in a fiscal year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and 2 CFR Part 200. If the recipient expends federal awards under only one federal program, it may elect to have a program specific audit, if it is otherwise eligible. A recipient that does not expend $750,000 in Federal awards is exempt from the single audit requirements of 2 CFR Chapters I and II for that year. However, it must continue to conduct financial management reviews of its sub recipients, and records must be available for review and audit. A recipient of a Federal award that is a pass-through entity has certain obligations to its sub recipients. Those requirements arc located at 2 CFR § 200.331. 4. Indirect Cost Rates. Indirect cost rate requirements are located at 2 CFR § 200.414 and 2 CFR Part 2205. Reimbursement for indirect costs, general and administrative costs,overhead, or any similar cost rate type agreement, will be at the rate(s) and on the base(s) specified in the approved award budget. 5. Payments under the Grant Agreement. Payments under this grant agreement are subject to 2 CFR §200.305. 3 EXHIBIT B C. THE OFFICE OF INSPECTOR GENERAL CNCS's Office of Inspector General (0I0)conducts and supervises independent and objective audits, evaluations, and investigations of CNCS's programs and operations. Based on the results of these audits, reviews, and investigations, the 010 recommends policies to promote economy and efficiency and to prevent and detect fraud, waste, and abuse in CNCS's programs and operations. The OIG conducts and supervises audits of CNCS recipients, as well as legislatively mandated audits and reviews. The legislatively mandated audits include the annual financial statement audit,and fulfilling the requirements of the Government Information Security Reform Act and its successor, the Federal Information Security Management Act. A risk-based approach, along with input received from CNCS management, is used to select recipients and awards for audit. The 010 hires audit firms to conduct some of its audits. 'The OIG audit staff is available to discuss its audit function, and can be reached at (202) 606-9390. The 010 is available to offer assistance to CNCS recipients that become aware of suspected criminal activity or fraud, waste, and abuse in connection with the CNCS-funded program. The 01G investigative staff is available to provide guidance and ensure that the appropriate law enforcement agency is notified, if required. The 010 may be reached by email at hotline @encsig.gov or by telephone at(800)452-8210. Upon request, 010 will take appropriate measures to protect the identity of any individual who reports misconduct, as authorized by the Inspector General Act of 1978, as amended. Reports to 01G may also be made anonymously. Recipients must cooperate fully with OIG inquiries by disclosing complete and accurate information pertaining to matters under investigation or review, and by not concealing information or obstructing audits, inspections, investigations, or other official inquiries. D. REPORTING OF FRAUD,WASTE, AND ABUSE Recipients must immediately contact the 010 and their program officer when they first suspect that: 1. A criminal violation has occurred (see 18 U.S.C.Part I for more information on criminal conduct. http://www.gpo.gov/fdsys/pkg/USCODE-2012-title18/html/USCODE-2012- titlel8-partl.htm), such as: a. Criminal fraud. b. Theft or embezzlement. c. Forgery. d. Corruption, bribery, kickbacks, or acceptance of illegal gratuities or extortion. 2. Actual or suspected fraud,waste, or abuse has occurred. • a. Fraud involves obtaining something of value through willful misrepresentation. b. Waste involves the taxpayers not receiving reasonable value for money in connection with any government funded activities due to an inappropriate act or omission by players with control over or access to government resources. 4 EXHIBIT B c. Abuse involves behavior that is deficient or improper when compared with behavior that a prudent person would consider reasonable and necessary business practice given the facts and circumstances. Abuse also includes misuse of authority or position for personal financial interests or those of an immediate or close family member or business associate. E. WHISTLEBLOWER PROTECTION 1. This award and employees working on this award will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). 2. Under this pilot program, an employee of a recipient may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or award, a gross waste of Federal funds, an abuse of authority (an arbitrary and capricious exercise of authority that is inconsistent with the mission of CNCS or the successful performance of a contract or award of CNCS) relating to a Federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, nile, or regulation related to a Federal contract(including the competition for or negotiation of a contract)or award. 3. The recipient shall inform its employees in writing, in the predominant language of the workforce or organization, of employee whistleblower rights and protections under 41 U.S.C.4712, as described above and at http://www.cncsoig.gov/contractor- whist leblower-protection-0linode-1001. F. LIABILITY AND SAFETY ISSUES The recipient must institute safeguards as necessary and appropriate to ensure the safety of members and volunteers. Members and volunteers may not participate in projects that pose undue safety risks. C. SITE VISITS CNCS reserves the right to make site visits to review and evaluate recipient records, accomplishments, organizational procedures and financial control systems, to conduct interviews, and to provide technical assistance as necessary. H. NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE 1. Public Notice of Non-discrimination. The recipient must notify members, community beneficiaries, applicants, program staff, and the public, including those with impaired vision or hearing, that it operates its program or activity subject to the non-discrimination requirements of the applicable statutes. The notice must summarize the requirements, 5 EXHIBIT B note the availability of compliance information from the recipient and CNCS, and briefly explain procedures for filing discrimination complaints with CNCS. Sample language is: This program is available to all, without regard to race, color, national origin, disability, age, sex,political affiliation, or, in most instances, religion. It is also unlawful to retaliate against any person who, or organization that,files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints,you may bring a complaint to the attention of the Corporation for National and Community Service. 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 77Y, and preferably toll free—FAX number and email address of the recipient) or Office of Civil Right and Inclusiveness Corporation for National and Community Service • 1201 New York Avenue, NW Washington, DC 20525 (800) 833-3722 (TTY and reasonable accommodation line) (202) 565-3465 (FAX); eo @cns.gov (email) The recipient must include information on civil rights requirements, complaint procedures and the rights of beneficiaries in member or volunteer service agreements, handbooks, manuals, pamphlets, and post in prominent locations, as appropriate. The recipient must also notify the public in recruitment material and application forms that it operates its program or activity subject to the nondiscrimination requirements. Sample language, in bold print, is: This program is available to all,without regard to race, color, national origin, disability, age, sex, political affiliation, or, in most instances, religion. Where a significant portion of the population eligible to be served needs services or information in a language other than English, the recipient shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. 2. Records and Compliance Information. The recipient must keep records and make • available to CNCS timely, complete and accurate compliance information to allow CNCS to determine if the recipient is complying with the civil rights statutes and implementing regulations. Where a recipient extends federal financial assistance to subrecipients, the subrecipients must make available compliance information to the recipient so it can carry out its civil rights obligations. 3. Obligation to Cooperate. The recipient must cooperate with CNCS so that CNCS can ensure compliance with the civil rights statutes and implementing regulations. The recipient shall permit access by CNCS during normal business hours to its books, records, accounts, staff, members or volunteers, facilities, and other sources of information as may be needed to determine compliance. 6 • EXHIBIT B 1. GRANT PRODUCTS I. Sharing Grant Products. To the extent practicable, the recipient agrees to make products produced under the award available at the cost of reproduction to others in the field. 2. Acknowledgment of Support. Publications created by members, volunteers or award- funded staff must be consistent with the purposes of the award. The appropriate program CNCS logo shall be included on such documents. The recipient is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this award: "This material is based upon work supported by the Corporation for National and Community Service (CNCS) under Grant No. . Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, CNCS or the CNCS Program." J. SUSPENSION OR TERMINATION OF AWARD CNCS may suspend or terminate this award in accordance with 2 CFR §§ 200.338 and 200.339 and applicable CNCS regulations and statutes. In addition, a recipient may suspend or terminate assistance to one of its subrecipients,provided that such action complies with 2 CFR § 200.341 — Opportunities to object, hearings and appeals. K. TRAFFICKING IN PERSONS This award is subject to requirements of Section 106(g)of the Trafficking Victims Protection Act of 2000,as amended (22 U.S.C. § 7104). 1. Provisions applicable to a recipient that is a private entity. a. You as the recipient and your employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award. b. We as the federal awarding agency may unilaterally terminate this award, without penalty, if it, i. Is determined you have violated a prohibition in paragraph (a.)of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph (a.) of this award term through conduct that is either: (a.) Associated with performance under this award; or 7 EXHIBIT B • (b.) Imputed to you using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 2200. 2. Provisions applicable to a recipient other than a private entity. We as the federal awarding agency may unilaterally terminate this award, without penalty, if it— a. Is determined to have violated an applicable prohibition of paragraph (1.)(a.)of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph (l)(a.)(i.) of this award term through conduct that is— i. Associated with performance under this award; or ii. Imputed to you using the standards and due process for imputing conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 2200. 3. Provisions applicable to any recipient. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (1.)(a.) of this award term. b: Our right to terminate unilaterally that is described in paragraph (1.) and (2.) of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of paragraph (1.)(a.) of this award term in any subaward you make to a private entity. 4. Definitions. For purposes of this award term: a. "Employee" means either: i. An individual employed by you or a sub recipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose service are contributed by a third part as an in-kind contribution toward cost sharing or matching requirements. b. "Forced labor"means labor obtained by any of the following methods: the recruitment, harboring, transportation,provision, or obtaining of a person for labor or services, through the use of force, fraud,or coercion for the purpose of subjection to involuntary servitude, peonage,debt bondage, or slavery. 8 EXHIBIT B c. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25. ii. Includes: (a.) A nonprofit organization, including any non-profit institution of higher education, hospital,or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b). (b.) A for-profit organization. d. "Severe forms of trafficking in persons,""commercial sex act," and "coercion"have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). L. CENTRAL CONTRACTOR REGISTRATION (CCR) and UNIVERSAL IDENTIFIER REQUIREMENTS 1. Requirement for Central Contractor Registration (CCR): Unless you are exempted from this requirement under 2 CFR § 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. 2. Requirement for Data Universal Numbering System (DUNS)Numbers. If you are authorized to make subawards under this award, you: a. Must notify potential sub recipients that no entity (see definition in paragraph 3. of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. b. May not make a subaward to an entity unless the entity has provided its DUNS number to you. 3. Definitions. For purposes of this award term: a. Central Contractor Registration (CCR)means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at https://www.sam.gov/portal/public/SAM/). b. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet(currently at http://fedgov.dnb.com/webfonn). c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: i. A Governmental organization,which is a State, local government, or Indian Tribe; ii. A foreign public entity; 9 EXHIBIT B iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. d. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program(for further explanation, see Sec. ----.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. e. Subrecipient means an entity that: i. Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. M. TRANSPARENCY ACT REQUIREMENTS (for Grants and Cooperative Agreements of$25,000 or More) Reporting Subawards and Executive Compensation: 1. Reporting of first-tier subawards. a. Applicability. Unless you are exempt as provided in paragraph 4, below, you must report each action that obligates $25,000 or more in Federal funds for a subaward to an entity (see definitions in paragraph 5. of this award term). b. Where and when to report. i. You must report each obligating action described in paragraph 1.a. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010,the obligation must be reported by no later than December 31, 2010.) a. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. 2. Reporting Total Compensation of Recipient Executives. a. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received-- (a.) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §170.320 (and subawards); and to • EXHIBIT B (b,) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed tinder section 13(a)or 15(d) of the • Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) h. Where and when to report. You must report executive total compensation described in paragraph (2.)(a.) of this award term: i. As part of your registration profile at https://www.sam.gov/portal/public/SA By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Subrecipient Executives. a. Applicability and what to report. Unless you are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-- i. in the subrecipient's preceding fiscal year,the subrecipient received-- (a.) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and (b.) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards; and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section I3(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. Where and when to report. You must report subrecipient executive total compensation described in paragraph 3.a. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 4. Exemptions. If, in the previous tax year,you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: a. Subawards, and tl EXHIBIT B b. The total compensation of the five most highly compensated executives of any subrecipient. 5. Definitions. For purposes of this award term: a. Entity means all of the following, as defined in 2 CFR Part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or suhaward to a non-Federal entity. b. Executive means officers, managing partners, or any other employees in management positions. c. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ---- .210 of the attachment to OMB Circular A-133, ''Audits of States, Local Governments, and Non-Profit Organizations"). Hi. A suhaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. d. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. e. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)(FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. 12 EXHIBIT B V. CRIMINAL HISTORY CHECKS The specific requirements of the National Service Criminal History Check, including the timing and recordkeeping requirements, are specified at 45 CFR §§ 2540.200 - .207. If you have a grant where individuals serve in covered positions under 45 CFR § 2540.201, you must retain a record of the NSOPW search and associated results either by printing the screen(s) or by some other method that retains paper or digital images of the NSOPW checks that shows the date the search was performed. Inability to demonstrate that you conducted arequired criminal history check components, to include the NSOPW, as specified in the regulations, may result in sanctions, including disallowance of costs. VI. CONFLICT OF INTEREST You must disclose in writing any potential conflict of interest to your CNCS Program Officer, or to the pass-through entity if you are a subrecipient or contractor. This disclosure must take place immediately. The CNCS conflict of interest policies apply to subawards as well as contracts, and are as follows: 1. As a non-Federal entity, you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award, and administration of subawards and contracts. 2. None of your employees may participate in the selection, award, or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an organization considered for a subaward or contract. The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. 3. If you have a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, you must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, you are unable or appear to be unable to be impartial in conducting a subaward or procurement action involving a related organization. 13 EXHIBIT B VII. ATTACHMENTS • 14 • EXHIBIT B Grant Program Civil Rights and Non-Harassment Policy • The Corporation for National and Community Service (CNCS) has zero tolerance for the • harassment of any individual or group of individuals for any reason.CNCS is committed to treating all persons with dignity and respect.CNCS prohibits all forms of discrimination based upon race,color,national origin,gender,age, religion,sexual orientation, disability,gender identity orexpression,political affiliation, marital or parental status, or military service. All programs administered by,or receiving Federal financial assistance from CNCS,must be free from all forms of harassment. Whether in CNCS offices or campuses, in other service-related settings such • as training sessions or service sites, or at service-related social events, such harassment is unacceptable.Any such harassment, if found,will result in immediate corrective action, up to and including removal or termination of any CNCS employee or volunteer.Recipients of Federal financial assistance, be they individuals,organizations, programs and/or projects are also subject to this zero tolerance policy.Where a violation is found,and subject to regulatory procedures, appropriate corrective action will be taken, up to and including termination of Federal financial assistance from all Federal sources. Slurs and other verbal or physical conduct relating to an individual's gender, race, ethnicity, religion,sexual orientation or any other basis constitute harassment when it has the purpose or effect of interfering with service performance or creating an intimidating, hostile,or offensive service • environment.Harassment includes,but is not limited to: explicit or implicit demands for sexual favors; pressure for dates; deliberate touching, leaning over, or cornering;offensive teasing, jokes,remarks, or questions; letters, phone calls, or distribution or display of offensive materials; offensive looks or gestures;gender,racial, ethnic, or religious baiting; physical assaults or other • threatening behavior; or demeaning,debasing or abusive comments or actions that intimidate. CNCS does not tolerate harassment by anyone including persons of the same or different races, sexes,religions,or ethnic origins; or from a CNCS employee or supervisor;a project, or site employee or supervisor;a non-employee(e.g.,client);a co-worker or service member. I expect supervisors and managers of CNCS programs and projects, when made aware of alleged harassment by employees,service participants,or other individuals, to immediately lake swift and appropriate action. CNCS will not tolerate retaliation against a person who raises harassment concerns in good faith.Any CNCS employee who violates this policy will be subject to 'discipline, up to and including termination,and any grantee that permits harassment in violation of this policy will be subject to a finding of non-compliance and administrative procedures that may result in termination of Federal financial assistance from CNCS and all other Federal agencies. Any person who believes that he or she has been discriminated against in violation of civil rights laws,regulations,or this policy,or in retaliation for opposition to discrimination or participation in discrimination complaint proceedings(e.g., as a complainant or witness) in any CNCS program or project, may raise his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). Discrimination claims not brought to the attention of OCRI within 45 days of their occurrence may not be accepted in a formal complaint of discrimination.No one can be required to use a program, project or sponsor dispute resolution procedure before contacting OCRI. If another Procedure is used, it does not affect the 45-day time limit.OCRI may he reached at(202) 606- 7503(voice),(202) 606-3472 (TTY),eo®cns.gov,or through www.nationalservice.gov. • 5/1/2014 Date • Wendy Spencer,CtYeftixecutive Officer 15 • EXHIBIT C Assurances and Certifications Grantee, for purposes of the Assurances and Certifications, means the direct recipient of the • grant. The grantee is responsible for ensuring that sub-grantees or other organizations carrying out activities under this award comply with all applicable Federal requirements, including • regulations and OMB circulars incorporated by reference. Sub-grantee refers to an organization receiving AmeriCorps member positions from a grantee of the CNCS. ASSURANCES As the duly authorized representative of the applicant, I certify, to the best of my knowledge and belief, that the applicant: • Has the legal authority to apply for federal assistance, and the institutional, managerial, and • financial capability (including funds sufficient to pay the non-federal share of project costs)to ensure proper planning, management, and completion of the project described in this application. • Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives: • Will establish safeguards to prohibit employees from using their position for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. • Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. • Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit • System of Personnel Administration (5 CFR 900, Subpart F). • Will comply with all federal statutes relating to nondiscrimination. These include but are not • limited to: Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686). which prohibits discrimination on • the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. • 794), which prohibits discrimination on the basis of disability (d) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as.amended, relating to nondiscrimination on the basis of drug abuse; (0 The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pt. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968(42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the National and Community Service Act of 1990, as amended; and (j)the requirements of any other nondiscrimination statute(s) which may apply to the application. • • • • EXHIBIT C • • Will comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(Pt. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. • • Will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. • Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.0 276a and 276a-77), the Copeland Act(40 U.S.0 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), regarding labor standards for Federally assisted construction sub-agreements. • Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires the recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. • Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.0 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground • sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). • Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.0 1271 et seq.) related to protecting components or potential components of the.national wild and scenic rivers system. • • Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16U.S.C. 469a-I et seq.). • Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. • Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 • U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. • Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. • • EXHIBIT C • • Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. • Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, application guidelines, and policies governing this program. • Will comply with all rules regarding prohibited activities, including those stated in applicable • Notice, grant provisions, and program regulations, and will ensure that no assistance made • available by the Corporation will be used to support any such prohibited activities. • • Will comply with the nondiscrimination provisions in the national service laws, which provide that an individual with responsibility for the operation of a project or program that receives assistance under the national service laws shall not discriminate against a participant in, or member of the staff of, such project or program on the basis of race, color, national origin, sex, age, political affiliation, disability, or on the basis of religion. (NOTE: the prohibition on religious discrimination does not apply to the employment of any staff member paid with non-Corporation funds or paid with Corporation funds but employed with the organization operating the project prior to or on the date the grant was awarded. If your organization is a faith-based organization that makes hiring decisions on the basis of religious belief, your organization may be entitled, under the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, to receive federal funds and yet maintain that hiring practice, even though the national service legislation includes a restriction on religious discrimination in employment of • staff hired to work on a Corporation-funded project and paid with Corporation grant funds. • (42 U.S.C. §§ 5057(c) and 12635(c)). For the circumstances under which this may occur, please see the document Effect of the Religious Freedom Restoration Act on Faith-Based Applicants for Grants" on the Corporation's website at: http://www.usdol.gov/archive/fbci/effect-rfra.pdf. • Will comply with all other federal statutes relating to nondiscrimination, including any self- evaluation requirements. These include but are not limited to: (a)Title VI of the Civil Rights • Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686). which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits • discrimination on the basis of handicaps (d) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to • nondiscrimination on the basis of drug abuse; (f)The Comprehensive Alcohol Abuse and • Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; and (i)the requirements of any other nondiscrimination statute(s) which may apply to the application. • Will provide, in the design, recruitment, and operation of any AmeriCorps program, for broad-based input from— (1) the community served, the municipality and government of the • county (if appropriate) in which the community is located, and potential participants in the program; and (2) community-based agencies with a demonstrated record of experience in providing services and local labor organizations representing employees of service • sponsors, if these entities exist in the area to be served by the program; • • EXHIBIT C • Will, prior to the placement of participants, consult with the appropriate local labor organization, if any, representing employees in the area who are engaged in the same or similar work as that proposed to be carried out by an AmeriCorps program, to ensure compliance with the non-displacement requirements specified in section 177 of the NCSA; • Will, in the case of an AmeriCorps program that is not funded through a State, consult with and coordinate activities with the State Commission for the state in which the program operates. • Will ensure that any national service program carried out by the applicant using assistance provided under section 121 of the National and Community Service Act of 1990 and any national service program supported by a grant made by the applicant using such assistance will address unmet human, educational, environmental, or public safety needs through services that provide a direct benefit to the community in which the service is performed; • Will comply with the non-duplication and non-displacement requirements set out in section 177 of the National and Community Service Act of 1990, and in the Corporation's regulations at § 2540.100; • Will comply with the grievance procedure requirements as set out in section 176(f) of the National and Community Service Act of 1990 and in the Corporation's regulations at 45 CFR § 2540.230; • Will provide participants in the national service program with the training, skills, and • knowledge necessary for the projects that participants are called upon to perform; • Will provide support services to participants, such as information regarding G.E.D. attainment and post-service employment, and, if appropriate, opportunities for participants to reflect on their service experiences; • • Will arrange for an independent evaluation of any national service program carried out using assistance provided to the applicant under section 121 of the National and Community Service Act of 1990 or, with the approval of the Corporation, conduct an internal evaluation of the program; • Will apply measurable performance goals and evaluation methods, which are to be used as part of such evaluation to determine the program's impact on communities and persons served by the program, on participants who take part in the projects, and in other such areas as required by the Corporation; • Will ensure the provision of a living allowance and other benefits to participants as required by the Corporation; • Has not violated a Federal criminal statute; • If a state applicant,will ensure that the State subgrants will be used to support national service programs selected by the State on a competitive basis; • If a state applicant, will seek to ensure an equitable allocation within the State of assistance and approved national service positions, taking into consideration such factors as the locations of the programs, population density, and economic distress; • If a state applicant, will ensure that not less than 60% of the assistance will be used to make grants to support national service programs other than those carried out by a State agency, unless the Corporation approves otherwise. EXHIBIT C • CERTIFICATIONS Certification — Debarment, Suspension, and Other Responsibility Matters This certification is required by the government-wide regulations implementing Executive Order 12549, Debarment and Suspension, 2 CFR Part 180, Section 180.335, What information must I provide before entering into a covered transaction with a Federal agency? As the duly authorized representative of the applicant, I certify, to the best of my knowledge and • belief, that neither the applicant nor its principals: • • Is presently excluded or disqualified; • Has been convicted within the preceding three years of any of the offenses listed in § 180.800(a) or had a civil judgment rendered against it for one of those offenses within that time period; • Is presently indicted for or otherwise criminally or civilly charged by a governmental • entity (Federal, State, or local) with commission or any of the offenses listed in § 180.800(a); or • Has had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default. Certification—Drug Free Workplace This certification is required by the Corporation's regulations implementing sections 5150- 5160 of the Drug-Free Workplace Act of 1988 (P.L. 100-690), 45 CFR Part 2545, Subpart • B. The regulations require certification by grantees, prior to award, that they will make a good faith effort, on a continuing basis, to maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification may be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or debarment (see 2 CFR Part 180, Subparts G and H). As the duly authorized representative of the grantee, I certify, to the best of my knowledge and belief, that the grantee will provide a drug-free workplace by: A. Publishing a drug-free workplace statement that: a. Notifies employees that the unlawful,manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace; b. Specifies the actions that the grantee will take against employees for violating that prohibition; and c. Informs employees that, as a condition of employment under any award, each employee will abide by the terms of the statement and notify the grantee in writing if the employee is convicted for a violation of a criminal drug statute occurring in the workplace within five days of the conviction; B. Requiring that a copy of the statement described in paragraph (A) be given to each employee who will be engaged in the performance of any Federal award; C. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; EXHIBIT C c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that the grantee may impose upon them for drug abuse violations occurring in the workplace; D. Providing us, as well as any other Federal agency on whose award the convicted employee was working, with written notification within 10 calendar days of learning that an employee has been convicted of a drug violation in the workplace; E. Taking one of the following actions within'30 calendar days of learning that an employee has been convicted of a drug violation in the workplace: a. Taking appropriate personnel action against the employee, up to and including termination; or b. Requiring that the employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; F. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A)through (E). Certification - Lobbying Activities As required by Section 1352, Title 31 of the U.S. Code, as the duly authorized representative of the applicant, I certify, to the best of my knowledge and belief, that: • No federal appropriated funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer of Congress in connection with the awarding of any federal contract, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement; • If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the applicant will submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; • The applicant will require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subredipients will certify and disclose accordingly. Erroneous certification or assurance • The assurances and certifications are material representations of fact upon which we rely in determining whether to enter into this transaction. If we later determine that you knowingly submitted an erroneous certification or assurance, in addition to other remedies available to the federal government, we may terminate this transaction for cause or default. Notice of error in certification or assurance You must provide immediate written notice to us if at any time you learn that a certification or assurance was erroneous when submitted or has become erroneous because of changed circumstances. • EXHIBIT C Definitions • The terms "debarment", "suspension", "excluded", "disqualified", "ineligible", "participant", • "person", "principal', "proposal", and "voluntarily excluded" as used in this document have the meanings set out in 2 CFR Part 180, subpart I, "Definitions." A transaction shall be considered a "covered transaction" if it meets the definition in 2 CFR part 180 subpart B, "Covered Transactions." Assurance requirement for subgrant agreements You agree by submitting this proposal that if we approve your application you shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by us. • Assurance inclusion in subgrant agreements You agree by submitting this proposal that you will obtain an assurance from prospective participants in all lower tier covered transactions and in all solicitations for lower tier covered transactions that the participants are not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction. Assurance of subgrant principals You may rely upon an assurance of a prospective participant in a lower-tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless you know that the assurance is erroneous. You may decide the method and frequency by which you determine the eligibility of your principals. You may, but are not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. Non-assurance in subgrant agreements If you knowingly enter into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to • • • other remedies available to the federal government, we may terminate this transaction for cause or default. • • • Prudent person standard Nothing contained in the aforementioned may be construed to require establishment of a system of records in order to render in good faith the assurances and certifications required. Your knowledge and information is not required to exceed that which is normally possessed by • a prudent person in the ordinary course of business dealings. Adequate Liability Coverage • You agree by submitting this proposal that you will maintain adequate liability coverage for the • project, including the member. • Schools, local government agencies, and other entities participating in a Risk Pool or Self-Insured program will provide evidence of at least $1,000,000 coverage per incident that covers the WSC member(s) during service hours. • Other entities will maintain a commercial liability insurance policy with limits of no less than $1,000,000 per occurrence, with Washington Service Corps endorsed as an additional insured on the policy. •