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HomeMy WebLinkAboutCALIFORNIA SERVICE CORPS AMERICORPS PLANNING GRANT IJ UK JUN 21 P11 4: 3% f ITY OF HU ...P'GT0 1 9`;CFI Council/Agency Meeting Held: - ,3 Deferred/Continued to: Approved ❑ conditionally Approved ❑ Denied Cit Cler ' Si tur Council Meeting Date: 7/3/2006 Department ID umber: FD 06 007 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PE ELOPE ULBRETH-GRAF CI Y ADMINISTRATOR PREPARED BY: DUANE OLSON, FIRE CHI SUBJECT: CALIFORNIA SERVICE CORPS AMERICORPS PLANNING GRANT jEatemee:,t:of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City of Huntington Beach has been awarded a $74,091 grant from California AmeriCorps Planning Grant by the California Service Corps (CSC) to develop a plan to form a Huntington Beach Citizen Corps. The grant period runs from May 1 to October 31, 2006. Of the $74,091, the city will receive $40,249 ($49,746 minus $497 held back by CSC for grant administration) in cash and will provide a city match of in kind services of$24,345„ The plan to start a Citizens Corps will establish partnerships with community-based organizations for disaster, pandemic and terrorism preparedness education and response to emergencies. Funding Source: The California Service Corps/AmeriCorps grant will award the City $74,091. This includes $49,249 in cash ($49,746 minus $497 held back by CSC for grant administration) and the grant required minimum match from the City of $24,345, which will be provided via in-kind services through the use of salary and benefits of the Emergency Services Coordinator. This match is available in the FY 2005/06 budget in the Emergency Management & Homeland Security business unit (10065301.51100). Recommended Action: Motion to: 1. Adopt Resolution 2006 - _: A Resolution of the City Council of the City of Huntington Beach Authorizing the Execution of the California AmeriCorps Planning Grant Agreement, and 2. Authorize the Mayor and City Clerk to execute the attached agreement with the California Service Corps/AmeriCorps. Alternative Action(s): Do not accept the California Service Corps/AmeriCorps grant. REQUEST FOR ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:FD 06 007 Analysis: The City of Huntington Beach has been awarded a California AmeriCorps Planning Grant by the California Service Corps to develop a plan to form a Huntington Beach Citizen Corps. The Citizens Corps will provide partnerships with community-based organizations for disaster preparedness education and response to emergencies. Attached is the contract between the City of Huntington Beach and the California Service Corps/AmeriCorps for the grant award (Attachment 1) along with a Resolution authorizing execution of the grant agreement (Attachment 2). The objective of the Planning Grant is to identify, educate and train the least prepared and most vulnerable sectors of the community on disaster preparedness and response. Special populations include the elderly, disabled, non-English speaking, schools, and businesses. As part of the grant agreement, the California Service Corps (CSC) will award the City a grant for $74,091, which is $49,249 cash ($49,746 minus $497 held back by CSC for grant administration) in the form of reimbursement of invoices for allowable costs expended on the program. The grant requires a minimum match from the City of $24,345, which will be provided through in-kind services. This will be done through the use of salary and benefits of the Fire Department Emergency Services Coordinator. This match is available in the FY 2005/06 budget in the Emergency Management and Homeland Security business unit (10065301.51100). The AmeriCorps Grant will pay for two contract employees. This includes salary and benefits for a full-time Project Manager (40 hrs/wk) and the salary of a part-time Assistant Project Manager (20 hrs/wk). In addition, the grant pays for travel to mandatory training, training costs, local mileage and general supplies. The program is estimated to run from the date of City Council approval to October 31, 2006. The Project Manager will execute the objectives of the planning process, including conducting a community needs assessment, recruiting community-based organizations, attending AmeriCorps training, and preparing City action plans and AmeriCorps Planning Products documents. The Assistant Project Manager will assist in the preparation of City action plans and collateral materials, and support and track project activities. The Fire Department Emergency Services Coordinator will provide program oversight, participate in the planning process, and will contract and manage both contract employees. City Council approval of the attached grant contract and the accompanying resolution is requested. Environmental Status: Not Applicable SAPWR2006 RCATD06007 Accepatnce of Americorps Grant.doc -2- 6/20/2006 4:53 PM REQUEST FOR ACTION MEETING DATE: 6/19/2006 DEPARTMENT ID NUMBER:FD 06 007 Attachment(s1: City Clerk's Page Number No. Description 1. California Service Corps AmeriCorps Planning Grant Contract 2. Resolution No.2jQQ6 -g Authorizing the Execution of the California AmeriCorps Planning Grant Agreement S:\PMT\2006 RCATD06007 Accepatnce of Americorps Grant.doc -3- 6/15/2006 8:16 AM ATTACHMENT # 1 TA!"1:OF CALIF ORNIA AGREEMENT NUMBER 3'1ANDARD AGREEMENT PG.06.30 TD.213(NEW 02/98) Registration NUMBER Federal EIN 95-6000723 I. _This Agreement is entered into between the State Agency and the Contractor named below STATE AGENCYS NAME OPR/Califomia Service Corps (CSC) CONTRACTORS NAME City of Huntington Beach ?. The term of this Agreement is: May 1, 2006-October 31,2006 The maximum amount $49,249.00 of this Agreement is: 6. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A, entitled "CSC Policy & Requirements" Exhibit B, entitled "Terms and Conditions" Exhibit C, entitled "AmeriCorps Title Page/Program Narrative/Performance Measures" Exhibit D, entitled "Budget Form and Budget Narrative" Exhibit E, entitled "AmeriCorps Provisions Dated September 6, 2005" Exhibit F, entitled "Travel Reimbursement Rates/Conditions" Exhibit G, entitled "Certification and Assurances" N WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFORNIA CONTRACTOR Department of General Services use onty JNTRACTOR'S NAME(If other than an individual,state whether a corporation,partnership,etc) ity of Huntington Beach Y(Authorized Si ture) 1-1 DATESIGNED > z I July 6 2006 ZINTED NAME AND TITLE OF PERSON SIGNING DDRESS eve Sullivan—Mayor 2000 Main Street, Huntington Beach, CA 92648 STATE OF CALIFORNIA GENCY NAME )PR/California Service Corps (Authorized Signature) DATE SIGNED ZINTEO NAME AND TITLE OF PERSON SIGNING aren faker, Executive Director, CSC DRESS ®Exempt per AG Opinion "APPR No.80-111 110 K Street,Suite 210,_Sacramento,CA 95814 ©VEu T FORM tv Attome De"City Attomey Exhibit A California Service Corps- 2006 AmeriCorps Planning Grant Award Exhibit A 1. Consideration The total amount payable to the Contractor (hereafter Subgrantee) under this Agreement shall not exceed $49,249.00. This amount is the total amount of the.grant award less _$497.00, the Commission Share of Administrative/indirect Costs. The consideration paid to Subgrantee shall be in compensation for all of the Subgrantee's expenses, as approved in the budget, attached as Exhibit D. II. Scope of Work For the purposes of this agreement, the Scope of Work shall be deemed to be the objectives, deliverables, and commitments contained in Exhibit C, "AmeriCorps Title Page/Program Narrative". The grantee may not revise the "Scope of Work"without written approval from the California Service Corps. Extensive changes to the "Scope of Work require an amendment to this agreement. 111. California Service Corps Compliance Requirements The Subgrantee will establish Memorandums of Understanding (MOU) with any partner providing the program with cash match to meet the overall matching requirement. These MOU's should establish the roles and responsibilities of each party. Prior to the processing of the contract, the Subgrantee must complete the CNCS Financial Management Survey. The completed form and related attachments should be submitted to the CSC's Fiscal Unit at the address provided in Item 29. Record Keeping and Document Verification The California Service Corps requires that copies of all source documentation for expenses incurred under the terms of the grant be maintained for three years after the submission of the final Financial Status Report (FSR). Revised 5/5/05 Exhibit B i California Service Corps-2006 AmeriCorps Planning Grant Award EXHIBIT B TERMS AND CONDITIONS 1. Approval This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. Amendment No alteration or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. Assignment This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. Right to Monitor, Audit, and Investigate Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896). The Federal Government, State, or a duly authorized representative of the State government shall have the right to undertake investigations in accordance with Section (42 U.S.C. §9908 et seq.), as amended. Page 1 of 16 Revised 51512006 I Y ; California Service Corps-2006 AmeriCorps Planning Grant Award All agreements entered into by Contractor with audit firms for purposes of conducting independent audits under This Agreement shall contain a clause permitting the State or a duly authorized representative of the State or Federal government access to the workingpapers of said audit firm(s). SJ, Indemnification I I Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. Resolution of Disputes Contractor shall continue with the responsibilities under This Agreement during any dispute. Should a dispute arise under This Agreement the Contractor may, in addition to any other remedies which may be available, provide written notice of the particulars of such dispute to the Executive Director of CSC, at the address Ilj noted in Item 29. Such written notice must contain the grant contract number. Within twenty days of receipt of such notice the State shall advise the Contractor of its findings and recommend a means of resolving the dispute. Termination for Cause The State may terminate this Agreement and be relieved of an payments Y g YPY should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. Either the Contractor or the State may terminate This Agreement at any time prior to its date of expiration upon thirty (30) calendar days' notice. Such notice Page 2of16 Ri vi I',4 S/5/2006 California Service Corps-2006 AmeriCorps Planning Grant Award shall be submitted in writing, stating the reason for termination and the effective date thereof. 8. Independent Capacity Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. Non-Discrimination Clause During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person, including a service recipient, AmeriCorps member, program staff, or applicant for these positions because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 10. Time Time is of the essence in This Agreement. Page 3 of 16 Revised 51512006 r � California Service Corps-2006 AmeriCorps Planning Grant Award i Compensation The consideration to be aid Contractor, as provided herein, shall be in P compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. Governing Lai w This contract is overned b and shall be interpreted in accordance with the g Y rP laws of the State of California. I,. Child Support Compliance Act For any Agreement in excess of$100,000, the contractor acknowledges in accordance with, that: of child and family support a). The contractor recognizes the importance � Y PP obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including,but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and with th b The contractor, to the best of its knowledge is full complyinge g Y earnin s assi ment orders of all employees and is providing then es ofal l new employees to the New Hire Registry maintained b the California g rY Y Employment Development Department." 14. Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be h all other provisions of this unenforceable then the parties agree that P g P II Agreement have force and effect and shall not be effected thereby. Y 5. Union Activities For all contracts, except fixed price contracts of $50,000 or less, the Contractor acknowledges that: Page0 4 f16 Rev el' 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: a) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. b) No state funds received under this agreement will be used to assist, promote or deter union organizing. c) Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. d) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 16. Americans With Disabilities Act Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Full inclusion and participation of persons with disabilities is fundamental to the mission of AmeriCorps. The Contractor shall identify a staff representative as the Disability Specialist/Point Person who will be responsible for general issues associated with the ADA, AmeriCorps requirements pertaining to the ADA and represent the AmeriCorps program at CSC'S sponsored disability trainings. 17. Contractor's Name Change An amendment is required to change the Contractor's name as listed on This Agreement. Upon receipt of legal documentation of the name change the State Page 5 of 16 Revised 51512006 Y ' California Service Corps-2006 AmeriCorps Planning Grant Award will pro the amendment. Payment of invoices resented with a new name P Y P jcannot be paid prior to approval of said amendment. $I'� Resolution A coup city, district or other local public body must provide the State with a �'� tY� � P Y ordinance of the local governing body copy of a resolution, order, motion, or o g g y which b law has authority to enter into an agreement, authorizing execution Y h' g g of the agreement. A non-profit organization must provide the State with a copy of a resolution, order, motion or ordinance of the governing body which b law has authority > g g Y Y to enter into an agreement, authorizing execution of the agreement. iOl�6 Payee Data Record Form (Std. 204) This form must be Y completed b all contractors. P 01. Payments In consideration of the services specified in the Scope of Work (paragraph 3 of n Exhibit A), the California Service Corps will reimburse the contractor for approved, budgeted expenditures that have already been incurred. The may not request funds for expenses that have not et been aid. The ' contractory q p y p Contractor may submit invoices for reimbursement of expenses on a monthly basis, according to the budget categories in "Exhibit D, Budget". Quarterly invoicing is allowed, but programs must submit a separate Periodic Expense Report (PER) for each month included in the invoice to facilitate monthly expenditure tracking. The contractor must utilize the CSC Invoice Form and the Periodic Expense Report (PER) generated in WBRS (Wed-Based Reporting System) to request reimbursements. Invoices shall be submitted on the contractor's letterhead, in triplicate, with at least one original si nature to the address given for the State P � signature, in Item 29. CSC staff review invoices and PER's to ensure that spending is consistent with the approved budget categories in "Exhibit D, Budget", and that the match is being generated in the amounts required by the contract. Budget revisions, if necessary, must be approved by the state. All claimed expenses must be grant- Page 6 of 16 Rev 451512006 T California Service Corps-2006 AmeriCorps Planning Grant Award related (as specified in the "Scope of Work", paragraph 3 of Exhibit A), and must be incurred during the grant award period as specified on the face sheet of this agreement. CSC reserves the right to make the final determination on whether an expense is allowable and necessary.In no event shall the maximum amount payable under This Agreement exceed the amount specified in paragraph I of Exhibit A of This Agreement. The contractor is prohibited from billing other federal, state, or local agencies for goods and/or services which have been billed and/or reimbursed to the contractor by the CSC. Assuming a fully executed contract is in place, the contractor may expect to receive payment within 30 days from the date the invoice is received at the CSC. Incomplete or incorrectly prepared invoices, including those with insufficient match, will be returned to the contractor for correction, resulting in delayed receipt of funds. In order to meet the financial reporting timeline outlined in this Exhibit, Clause #32, "Reporting Timeline" (Financial Status Reports), the contractor must keep current with monthly billings. Accordingly, CSC requires that the contractor submit their Reimbursement Request no later than the 251h day of the month following the month in which the expenses are incurred. The only exception for this deadline is for the final billing, where submission within 60 days of the end date of this agreement is allowed. In accordance with GC Section 16645.2: a) The recipient of a grant of state funds, including state funds disbursed as a grant by a public agency, shall not use the funds to assist, promote, or deter union organizing. b) For purposes of this section,each recipient of a grant of state funds shall account for those funds as follows: (1)State funds designated by the grantor for use for a specific expenditure of the recipient shall be accounted for as allocated to that expenditure. (2) State funds that are not designated as described in paragraph (1) shall be allocated on a pro rata basis to all expenditures by the recipient that support the program for which the grant is made. Page 7 of 16 Revised 51512006 r , California Service Corps-2006 AmeriCorps Planning Grant Award c) The grant recipient(Contractor) shall include onever y invoice o ce a certification to the state that none of the state funds will be used to assist, promote, or deter union organizing during the life of the contract, including any extensions or renewals thereof. Any recipient that makes expenditures to assist, promote, or deter union organizing shall maintain records sufficient to show that state funds have not been used for those expenditures. The grant recipient shall provide those records to the Attorney General upon request. d) A grant recipient is liable to the state for the amount of any funds expended in violation of subdivision(a) plus a civil penalty equal to twice the amount of those funds. All travel costs shall be reimbursed at rates not to exceed those approved for travel by state employees by the State Department of Personnel Administration as defined in Exhibit F. An out-of-state travel must be approved in writing in Y PP g advance by the State. Ill. Subgrants/Subcontracts Contractor may enter into subcontracts, if included in the approved budget, to carry out the provisions of This Agreement. Should Contractor enter into a subcontract Contractor shall: A. Remain liable for the performance of the terms and conditions of This Agreement. B. Assure that subcontractors comply with the requirements set forth under (42 U.S.C. §9901 et seq.), as amended. C. Provide to the State, within 60 days of contract execution, the subcontractor's name, address, telephone number, contact person, contract amount, and program description of each subcontract to This Agreement. D. Require that subcontractors make all documents, papers, and records relevant to the work performed available to the State and/or Federal Granting Agency or their duly authorized representative for examination, Page 8 of 16 R vi it 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award copying, or mechanical reproduction on or off the premises of the Contractor or subcontractor upon request during usual working hours. E. Place in each of its subcontracts a provision that: "The contracting parties shall be subject to the examination and audit of the State Auditor General for a period of three years after final payment under This Agreement." F. Notify the State in writing within thirty days if any subcontract under This Agreement is suspended or terminated. Additionally, in such notice Contractor shall identify how the suspension or termination will impact the Contractor's budget and scope of work. G. Provide written notice to each subcontractor within five days from the date this Agreement is terminated or the date the State suspends This Agreement. H. Request of each subcontractor the certification required regarding Debarment and Suspension as stated in the AmeriCorps application, Certifications and Assurances, contained in Exhibit G. 22. Compliance with Rules,Regulations, and Procedures Activities of Contractor with respect to This Agreement shall be conducted in accordance with pertinent Federal and State rules and regulations, including relevant Office of Management and Budget (OMB) circulars, and amendments thereto, and the AmeriCorps Provisions attached as Exhibit E. The Contractor has full fiscal and programmatic responsibility for managing all aspects of the contract and contract-supported activities, subject to the oversight of the CSC. The Contractor is accountable to CSC for its operation of the AmeriCorps program and the use of federal funds. The Contractor shall notify the appropriate CSC representative immediately of any developments or delays that have a significant impact on funded activities, any significant problems relating to the administrative or financial aspects of the grant, or any suspected misconduct or malfeasance related to the contract or Contractor. The Contractor will inform CSC of any corrective action taken or contemplated while performing the activities under this agreement. The Contractor must notify CSC and the Office of the Inspector General immediately of losses of federal funds or goods/services supported with federal funds, or when information discovered by someone at the program indicates that there has Page 9 of 16 Revised 51512006 r California Service Corps-2006 AmeriCorps Planning Grant Award been waste, fraud or abuse, or any violation of criminal law at the program or at the sub-recipient. Provisions for Federally Funded Contracts It is mutually understood between the parties that This Agreement may have been written before ascertaining the availability of Congressional appropriation of funds and/or member positions, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if This Agreement were executed after that determination was made. This Agreement is valid and enforceable only if the United States Government makes sufficient funds and/or AmeriCorps member positions available to the State for the purposes of this program. In addition, This Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of This Agreement in any manner. It is mutually agreedgappropriate that if the Congress does not sufficient funds rpositions and if this reduces the amount of funds and/or AmeriCorps member rP and/or AmeriCorps member positions available for this Program, This Agreement shall be amended to reflect such reduction. The State has the option to void This Agreement under the thirty-day(30) � This Agreement to reflect an reduction of cancellation clause or to amend s g Y funds and/or AmeriCorps member positions. 4. National Labor Relations Board Certification Contractor hereby certifies under penalty of perjury that no more than one final unappealabie finding of contempt of court, by a Federal Court, has been issued against Contractor within the immediately-preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders compliance with an order of the National Labor Relations Board. 5 Property Purchased with State or Federal Funds Contractor assures that all supplies, materials, equipment or services purchased with funds provided by This Agreement shall be used solely for the activities allowed under This Agreement. All equipment, materials, supplies or property Page 10 of 16 R vi"red 51512006 Y California Service Corps-2006 AmeriCorps Planning Grant Award of any kind purchased from funds advanced, reimbursed or furnished by the State under the terms of This Agreement and not fully consumed in the performance of This Agreement shall be the property of the State and shall be subject to the State's administrative policies regarding disposition of equipment. Contractor assures that it shall exercise due care in the use, maintenance, protection and preservation of State owned property in Contractor's possession or any other property purchased by Contractor with State or Federal funds provided hereunder. Contractor shall obtain prior written approval for the purchase or lease of equipment with either an acquisition cost of $5,000 or a useful life of one or more years, unless such intent is listed and defined in Exhibit D "Budget" of This Agreement. However, prior written approval for the purchase or lease of vehicles and trailers must be obtained from the State in each instance. 26. Assurances and Certifications Contractor assures that it shall be in compliance with Federal and State Occupational Safety and Health Statutes, the California Safe Drinking Water and Toxic Enforcement Act of 1986. Under the State laws, the Contractor shall not be: i) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; ii) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions;or iii) finally determined to be in violation of provisions of federal law relating to air or water pollution. Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of This Agreement. (Labor Code Section 3700) Page 11 of 16 Revised 51512006 r , California Service Corps-2006 AmeriCorps Planning Grant Award 7.I Conflict of Interest Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with This Agreement shall have any personal financial interest or benefit which either directly or indirectly arise from This Agreement. 'III, l Contractor shall establish P safeguards to prohibit employees or officers from 1 in private gain, or gives using their positions for a purpose which could result p g g the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family,business, or other ties. Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with This Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): A. No officer or employee to ee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. B. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): A. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. Page 12 of 16 Rev 451512006 California Service Corps-2006 AmeriCorps Planning Grant Award B. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render This Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 29. Address for the State All notices, correspondence, and fiscal and programmatic reports submitted by Contractor to the State pursuant to the terms of This Agreement shall be made by deposit in the U.S. Mail, first class, postage prepaid, and addressed as follows: California Service Corps 1110 K Street, Suite 210 Sacramento, CA 95814 All notices shall be deemed effective upon receipt by the State. 30. Audit Reports Funds provided under This Agreement shall be included in an audit conducted in accordance with the provisions of OMB Circular A-133 for agencies, standards promulgated by the American Institute of Certified Public Accountants (AICPA), and those standards included in Government Auditing Standards, 2003 Revision. A. Private, non-profit contractors shall submit to the State one (1) copy of the required audit report within nine months of the end of the Contractor's fiscal year. The audit reports are to be submitted to the following address: Page 13 of 16 Revised 5/5/2006 California Service Corps-2006 AmeriCorps Planning Grant Award California Service Corps Attention: Fiscal Unit 1110 K Street, Suite 210 Sacramento,CA 95814 n of the B. Local governmental entities shall submit to the State one 1 co g ( ) PY required audit report within thirty (30) calendar days after the completion of the audit, but no later than one year after the end of the audit period. The audit reports are to be submitted to the address stated above. Local governmental agencies shall submit the required number of copies of the audit report in accordance with the guidelines set by the Division of P Audits of the State Controller's Office. Said reports orts are to be submitted to the following address: State Controller Division of Audits 300 Capitol Mall,Fifth Floor Sacramento, CA 95814 Where services or funds under This Agreement provided to, for, or by, �' are a wholly owned, or wholly-controlled, subsidiary of Contractor, Contractor hereby P provides assurance that an audit shall be performed of organization in accordance with thisparagraph. Said this subsidiary req required audit report shall be made avai lable to the State. Rights on Data The State and the Corporation reserve the right to use and reproduce all rP g P reports, data produced and delivered and an other co ri htable material P � P o Y PY g produced pursuant to This Agreement and reserves the right to authorize others to use or reproduce such materials. i P 31 g Re ortin Requirement i P Financial Status Reports Contractor must submit accurate monthly expense reports (PERs or Periodic Expense Reports) and quarterly FSRs (Financial Status Reports). FSRs must be submitted and approved within twenty five days of the end of each fiscal Page 14 of 16 Rev I�eX7 5/5/2006 California Service Corps-2006 AmeriCorps Planning Grant Award quarter starting with the quarter ending 06/30/06. FSRs are due by 7/25/06 and 10/25/06. The final FSR is due on 10/25/06. 33. Media Communications All AmeriCorps programs are required to identify a press contact person and to email the name and email address of the press contact person to CSC. Please include your contract number when you send in your information. The Contractor's AmeriCorps program is part of a multitude of related, statewide programs that are administered by the California Service Corps and sponsored by the Corporation for National and Community Service. In order to identify the contractor's program as part of the AmeriCorps National Service Network and the statewide CSC effort, all press releases or press interviews must: a) Identify any service events as an AmeriCorps Program administered by the California Service Corps and sponsored by the Corporation for National and Community Service. b) Include the AmeriCorps and CSC names and logos on all printed materials, including,but not limited to, recruitment brochures, orientation materials, curriculum, signs,banners, press releases, and publications. Both camera-ready logos are provided. c) Include the phrase, "Administered by the California Service Corps (CSC) and sponsored by the Corporation for National and Community Service (CNCS)," in all printed materials, spelling out the complete name followed by the acronym in parenthesis on the first usage of the term in all documents. For example, on the introduction of the term write: "the California Service Corps (CSC)." The acronym alone should then be used throughout the rest of the text. d) Provide to the CSC's Communications Director two copies of all media communications materials supported by the grant. e) Include the following acknowledgment and disclaimer in any external report or publication of material based upon work supported by this Grant: "This material is based upon work supported by the Corporation for National and Community Service and the California Service Corps under AmeriCorps Grant No. Opinions or points of view Page 15 of 16 Revised 51512006 r California Service Corps-2006 AmeriCorps Planning Grant Award expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, the Corporation, CSC, or the AmeriCorps Program." DEFINITIONS AmeriCorps*USA or AmeriCorps: means the national service programs funded under 42 U.S.C. sections 12571-12595 (Division C programs). Contractor/Grantee/Subgrantee: for the purposes of This Agreement means the direct recipient of Federal Funds granted by the State through this grant award. The terms and conditions of this grant award legally bind the Contractor. Federal Government: means the Corporation for National and Community Service or an other entity authorized b the Federal Government to Se y Y tY administer the Federal Governments' national service grant program and to perform such other duties prescribed by law. State: means the California Service Corps or any other entity authorized by the State of California to administer the State's national service plan and national Ill 11 service grant program and to perform such other duties prescribed by law. Page 16 of 16 1vted 51512006 Exhibit C DRAFT PART I - FACE SHEET APPLICATION FOR FEDERAL ASSISTANCE 1.TYPE OF SUBMISSION: Non-Construction 2a.DATE SUBMITTED TO CORPORATION 3.DATE RECEIVED BY STATE: STATE APPLICATION IDENTIFIER: FOR NATIONAL AND COMMUNITY SERVICE(CNCS): 2b.APPLICATION 1D: 4.DATE RECEIVED: GRANT NUMBER: 05AC065789 5.APPLICATION INFORMATION LEGAL NAtvE: City ofHuntington Beach NAM_AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION(give DUNS NUMBER: 07-814-3948 area codes): NAME: Glorria Monson ADDRESS(give street address,city,state and zip code). 2000 Main St TELEPHONE NUMBER:(714)536-5980 Huntington Beach CA 92648 FAXNUMBER: (714)374-1591 INTERNET E-MAIL ADDRESS:gmorrison@surfcity-hb.org 6.EMPLOYER IDENTIFICATION NUMBER(EI/y: 7.TYPE OF APPLICANT: 956000723 7a. Local Govemnent-Municipal 713- Local Govemnent,Municipal 8.TYPE OF APPLICATION: NEW CONTINUATION REVISION If Revision,enter appropriate letter(s)in box(es): C A.Increase Award B.Decrease Award C. Increase Duration D.Decrease Duration 9.NAME OF FEDERAL AGENCY: Corporation for National and Community Service 10a.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 94.006 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10b.TITLE: AmeriCorps'State HB Citizen Corps/AmeriCorps Program 12.AREAS AFFECTED BY PROJECT(List Cities,Counties,States,etc): N/A 13.PROPOSED PROJECT.START DATE: 05/01/06 END DATE: 10/31/06 14-PERFORMANCE PERIOD: START DATE: END DATE: 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE a.FEDERAL $ 49,760.00 ORDER 12372 PROCESS? a YES,THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE b.APPLICANT $ 34,275.00 TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c.STATE $ 0.00 DATE: d.LOCAL $ 0.00 e.OTHER $ 0.00 f.PROGRAM INCOME $ 0.00 17.1S THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL Q YES if"Yes,"attach an explanation. ® NO 9- $ 84,035.00 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.TYPED NAME OF AUTHORIZED REPRESENTATIVE b.TITLE: c.TELEPHONE NUMBER: d.DATE: DRAFT Narratives Executive Summary EXECUTIVE SUMMARY The City of Huntington Beach is vulnerable to numerous significant disasters including earthquake and liquefaction, flood,tornadoes, tsunami, dam failure,hazardous materials incidents,terrorism, civil unrest, fire, oil spills and marine accidents. The Planning Grant will be used to establish a Citizen Corps to expand local emergency preparedness and response training in the most vulnerable and least prepared sectors of the community. In forming the Citizen Corps Board,the planning process will be used to identify and recruit qualified partners for an operating AmeriCorps program. The Citizen Corps will consist of a wide variety of existing organizations in the community, creating a conduit to reach and plan and train for disaster response in Spanish-speaking,Vietnamese, the frail and elderly, and other special needs groups. These organizations will include representatives from the Interfaith Council and churches,Community Based Organizations,fraternal societies,school districts, hospitals and clinics, environmental groups, PTAs,food banks, HB Volunteer Coordinating Council, Golden West College and patrons,Volunteers of Greater OC, and business groups as well as volunteer organizations such as Red Cross,CERT, RACES,YIPS, RSVP,Neighborhood Watch, HB SAR Explorer Post, COAST,and the Salvation Army. City employees will be trained to serve as safety officers. The concept has the support and promised participation of city,county,state and congressional representatives. Under the auspices of the City Emergency Management and Homeland Security Office and with the oversight,direction and participation of the Emergency Services Coordinator, a dedicated Project Manager will be contracted to draft and execute a formal plan to execute the proposed AmeriCorps planning process. The Project Manager will conduct the planning process activities. Major job functions will include identifying and recruiting partners, establishing a coordinating board of partner participants and city Page 2(1 1 DRAFT Narratives council members, drafting partner agreements, meeting individually with partners to cooperatively determine needs and capabilities, finalizing draft agreements, completing planning project products, attending AmeriCorps training, and observing existing AmeriCorps program sites. The long-term plan will be phased in by sector in six-month increments.The City Emergency Management and Homeland Security Office will be the managing arm and CERT/RACES will serve as the training arm, conducting training and management of volunteers and AmeriCorps Members. This will make for an ideal operating AmeriCorps program in community emergency preparedness. Recognizing that this need exists in other communities, Huntington Beach will couple the extensive past experience of its award-winning CERT Emergency Preparedness Program with the results from this process to create a turnkey program and make it available as a model for other communities. Huntington Beach will share plans and materials and conduct training seminars for representatives from other communities who wish to design and establish a similar program. This is Partnership in Training at its best! Summary of Accomplishments N/A Rationale and Approach PROGRAM NARRATIVE PROGRAM CONCEPT OBJECTIVES Increase public awareness; educate and train unaddressed sectors of the community on emergency preparedness,disaster and terrorism mitigation, response, relief, and recovery by coordinating efforts through a council composed of leaders from existing community organizations. Use the AmeriCorps Member Program to implement the plan to reach the least prepared community sectors and to recruit and expand the network of trained volunteer responders. INTRODUCTION Page 3 DRAFT Narratives Recent events in the Gulf Coast confirm that, in the days following a major disaster, initial response capabilities will be overwhelmed by demand. City and community personnel who deployed to assist in the response and recovery efforts after Hurricanes Katrina and Rita reported that churches and community-based organizations were the most effective foundation of immediate support for affected victims. Those communities that were prepared with a well-conceived, realistic plan,that had identified hazards and vulnerable sectors of the community and had trained volunteer responders were better able to respond and offer relief and recovery support to the victims. The objective of this program is to involve existing private and public community entities as conduits to reach all citizens and businesses to engage in public awareness, education and preparedness. Huntington Beach has a population of 200,000. However,during any summer weekend,holiday or special event,the population can double to over 400,000. The City is vulnerable to numerous threats that could overwhelm public safety personnel response and relief. THREATS The City has activated its Emergency Operations Center(EOC) in twelve out of the past fifteen years for emergency incidents. The City is one of thirty-six cities in California on FEMA's Repetitive Damage list. Disasters are not rare in Huntington Beach. Earthquake and Liquefaction: The city sits directly on the Newport-Inglewood Fault zone,capable of producing a 7.o-magnitude earthquake. The probability of the San Andreas Fault producing a damage-causing quake increases each year. Many HB homes are built in liquefaction zones and depleted oil fields. Earthquakes on either fault or anywhere else in the region could cause catastrophic damage resulting in thousands of deaths and injuries,collapsed buildings, trapped victims,fires, and loss of housing,schools and businesses. Flooding: The city experiences major flooding approximately every other year. The mouth of the Santa Ana River lies in the southern portion of the city. It has been called the"greatest flood threat Page 4 �� DRAFT Narratives west of the Mississippi," and carries flows from the Seven Oaks and Prado Dams and the watershed from inland San Bernadino, Riverside and Orange Counties. In the 1983 and 1997/98 El Nino years these flows flooded several areas of the city and required the evacuation of thousands of residents. In the north, HB sits at the terminus of the Wintersburg watershed in a flood plain.The earthen levee of the EGG-Wintersburg channel is classified as severely sub-standard Repairs and improvements to fissures that are eroded and patched with sandbags aren't scheduled for several years. A storm surge at high tide during an El Nino year could swamp homes. The Army Corps study shows that 150,000 HB residents would have to evacuated in the event of a Prado Dam structural failure. Many homes sit below sea level. Waterspouts/Tornadoes: Huntington Beach has experience two severe damage-causing tornadoes (1978 and 1991), numerous waterspouts, and a hurricane(in 1939)- Tsunami: As a coastal city with 8.5 miles of coastline,a tsunami produced by an undersea slump directly off the coastline or a strong quake in the Pack has the potential to impact 59,00o residents and up to 200,00o beach visitors(worst case scenario). The city has documented 7.9-million visitors to our beach annually. Terrorism and Civil Disturbance: Large events on the beach such as the OP Surf Championship and 4th of July fireworks draw 200,000 visitors on the beach. Riots requiring mutual aid have taken place on the beach during holiday festivities on four different occasions. Marine Oil Spill: In 199o, HB was the site of the largest marine oil spill in the continental U.S., affecting our beaches,waterways,wildlife and environment. Other: Sixty-five(65)businesses in the City are ranked as HIGH Hazardous Materials threats,having either large quantities or specific dangerous chemicals on-site. A highly populated residential and industrial areas of the city shares 4 miles of a common border with the Seal Beach Naval Weapons Station. The city lies in the direct flight path of the Long Beach Airport. Fire, ruptured oil-pumps and pipelines, and workplace violence round out the top threats list. Page 5 1 13 DRAFT Narratives EXISTING CERT PROGRAM The City formed the CERT program in 1991 after recognizing that response to a damaging tornado in only one of the 126 residential districts had required the majority of its first responders and that in a major or widespread disaster, response capabilities would be inadequate. Over the last fifteen years, the city has built an award-winning CERT program with a history of success in public education. The program received a CA Emergency Services Award. Glorria Morrison,the HB Emergency Services Coordinator has extensive experience over the last fifteen years in volunteer management. Programs she has developed and implemented have resulted in the training of over 200o residents. She is currently teaching Emergency Management and Planning classes to Masters in Public Administration candidates at CSU Long Beach. These students are a potential pool for recruitment of AmeriCorps Members for the program. To date the program has focused on neighborhood teams. But many gaps exist. While a formal needs assessment has not been performed, it has been recognized that participation from many vulnerable groups is low. These include non-English-proficient residents,seniors, the frail and elderly. HB has large Spanish-speaking and Vietnamese communities. The 2000 census showed 21.9%of the HB population does not speak English at home. The next logical step is to maximize past investments in the current program and replicate the successes of the existing organization. By collaborating with other organizations serving the community in various capacities, HB will form a Citizen Corps Board. It will use these contacts as a conduit to reach and address the special needs of at-risk elements in the community. It will target neighborhoods, especially those with Spanish-speaking and Vietnamese populations,CBOs, schools, seniors,the frail and elderly, hospitals and medical clinics, and businesses. The Citizen Corps will consist of groups such as the Interfaith Council and churches, HBPD: RSVP, VI PS, Neighborhood Watch, and HBFD: CERT, RACES, S&R, Scouts, Key Club,Volunteer Coordinating Council,food banks, mental health facilities, fraternal organizations, Kiwanis, Rotary Page 6 / {3 DRAFT Narratives Club,American Legion,VFW, Home Council, HB Volunteer Coordinating Council, Golden West College patrons,Volunteers of Greater OC, Red Cross,Salvation Army,the Chamber of Commerce, and many others. How to address business needs will be evaluated. The HB Emergency Management and Homeland Security Office will be the driving force behind the project,managing efforts to recruit partners and AmeriCorps Members. The HBFD, HBPD, and CERT and RACES volunteers would conduct training of new volunteers and AmeriCorps Members. This plan was conceived almost two years ago,but was not developed or implemented due to limited resources. There is only one full-time city employee currently driving the existing program and yet it's one of the most successfully developed and recognized in Orange County, often cited as a model program for other communities. The Planning Grant process and the addition of AmeriCorps members will increase the scope of the proposed program and overcome the limits of city resources. Over the last few years, cities have lost funding and HB has cut its workforce 15%. Dedicated CERT and RACES Volunteers have been utilized extensively. It will take a concerted effort to recruit the next tier of volunteers to reach the untapped segments and to take this program to the next level. This will be a good investment of AmeriCorps funds. SERVICE ACTIVITIES The plan will incorporate the future use of AmeriCorps members in various activities. Initially identified activities would include contacting targeted population segments and identifying barriers to participation,community outreach, disseminating notices of educational materials and training opportunities, preparing collateral materials,volunteer recruitment, attending and conducting training, working with specific partners on special projects,and participating in drills and exercises. Some will be identified to oversee team activities. VOLUNTEER MANAGEMENT Current and new volunteers have many opportunities to participate, according to their individual interests and skills. Volunteers serve on CERT and RACES boards, management teams, and as Page 7 �� DRAFT Narratives volunteer managers. The CERT Speakers Team gives talks by request on disaster preparedness and CERT. Those that volunteer in specific teams specialties,such as First Aid, Shelter and Disaster Mental Health,Communications, or Pet Care have been trained in the specific activities of those teams and in turn plan classes and conduct training for new community participants. A volunteer may serve on a clerical team or perform computer-related tasks. Last fall,many volunteers helped to distribute 77,00o disaster preparedness packets stuffed and distributed by the volunteers to every doorstep in Huntington Beach. Additional volunteers are needed in targeted populations, such as serving the insular Mexican and Vietnamese communities. Churches and the Interfaith Council can utilize the program to develop teams to support their members during a disaster situation. The environmental community needs to be trained on the National Incident Management System so that they can be an effective resource utilized in a disaster response. Business needs to be evaluated as a targeted segment. PLANNING PROCESS 20o6 Project Timeline May 1-31: Identify potential Citizen Corps Board partners with specialized focuses: Begin contact, present proposal, solicit input to plan; Review Sample Forms/Plans; Compile community needs- related information and continue refining throughout planning process. Mid-May: Attend Planning Grantee Training (1 day) June through July: Meet with potential partners to recruit participation,define organizational capabilities and needs. Draft Outline of Member Plan. Mid-June: Attend New AmeriCorps Program Training (1 Day) End of June: Write Draft Partnership Form; Write Draft Financing Plan Mid-July: Attend AmeriCorps Summer Institute (3 days) July 31 : Amend Draft documents. August: Meet with partners to review Draft Partnership forms, define individual partners participation Page 8 `'� DRAFT Narratives in program and outline ideas for Member activities and terms of service. Draft Performance Measurement and Evaluation Plans. Draft Volunteer Management Plan. September 1: Form Citizen Corps Council Board. September 15: Finalize Draft Partnership form. Finalize Draft Financing Plan. Finalize Draft AmeriCorps Member Plan. Finalize Draft Volunteer Management Plan. Finalize Draft Performance Measurement and Evaluation Plans October: Hold first Citizen Corps Council Board Meeting; Complete Final Reports. May through October Assess partners for CLASP formation: As appropriate partners are identified during the planning process, gauge interest,present opportunity and options, determine the organizational capacity to participate,gain agreement and commitment. Visit and observe existing AmeriCorps programs. Attend technical assistance and additional training sessions as scheduled. ROLES OF STAFF Emergency Services Coordinator: Responsible for concept development; Oversee project process; Contract Project Manager; Manage Project Manager, Review objectives and performance against goals; Participate in partnership outreach; Assist in identifying and recruiting partners; Responsible for formal Board and CLASP formation; Promote concept with City management, personnel and in the community; Liaise with City management and departments; Meet with CSC Coordinator; Attend AmeriCorps Training and Technical Assistance Meetings as appropriate; Visit and observe existing Americorps operating sites. Project Manager: Identify, contact,and recruit potential partners; Conduct Community Needs Assessment; Meet with interested participants, determine desired level of participation, needs, and staffing capabilities; define use of Members; Write initial.Drafts and final Drafts of Planning Products; Create presentations and collateral materials of proposed programs; Arrange and attend meetings with individual participants and group meetings;Assist in formation of Board and CLASP; Establish website and email lists; Meet with CSC Coordinator and participate in Technical Assistance sessions;r Page 9 J DRAFT Narratives Attend all AmeriCorps Training; Visit and observe existing AmeriCorps operating sites; Supervise Project Administrative and Clerical Staff. Administrative and Clerical Assistant(s): Support and track project activities; Prepare and distribute flyers,communications, and collateral materials; Format and copy agreements; Track and maintain files of executed agreements;Assist Project Manager in arranging meetings, contacting attendees, and meeting set-up; Provide general clerical support. PARTNERSHIP CURRENT PARTNERSHIP The City Fire Department currently sponsors the Huntington Beach CERT program. This is an existing collaboration between the Emergency Management and Homeland Security Program and a core group of long-term and episodic volunteers trained in emergency preparedness and experienced in planning and conducting training. The CERT program will be incorporated into the proposed Citizen Corps and will execute many of the leadership activities of the proposed AmeriCorps program. PARTNER DEVELOPMENT The focus of this planning program is to create effective partnerships. These partnerships will then serve as the conduits to educate on disaster preparedness and recruit volunteers from population segments in the community that have not been reached by previous efforts. The partners will be included in the Citizen Corps and AmeriCorps program. They will be identified and contacted by phone and mail to introduce the need and concept and recruit their active participation. The number of program participants could expand on an as-desired basis. Follow up communications will be sent. Individual meetings will be held on an as-needed basis, group meetings will be scheduled at least quarterly. A website will be developed and utilized and email will be used to efficiently disseminate information and updates. ORGANIZATIONAL CAPACITY The City of Huntington Beach Emergency Management and Homeland Security Program is the legal Page 10 11 3 DRAFT Narratives applicant and has the experience and capacity to administer federal funds. It is capable of administering an AmeriCorps operating grant. It is not a partner in an existing AmeriCorps program. BUDGET/ COST EFFECTIVENESS The proposed budget is adequate to support the personnel and projects in the proposed planning grant process. Lack of funding for personnel and supporting equipment has been the major constraint for expanding existing programs in the past. All of the funding,time and effort expended in this planning process would support program expansion to serve unmet community needs. The city will contribute management personnel with extensive experience in emergency preparedness, planning,volunteer recruitment, involvement and retention, and training capabilities to oversee the process, in partnership with an established and committed core of volunteers. Member Outputs and Outcomes N/A Community Outputs and Outcomes N/A Organizational Capability N/A Cost Effectiveness and Budget Adequacy N/A Amendment Justification N/A Page 11 (� DRAFT Performance Measures Service Categories Temporary SC for Challange Grant Primary Primary ❑x Secondary ❑ Service Category: Temporary SC for Challange Grant Primary Measure Category: Needs and Service Activities Briefly describe the need to be addressed(Max.4,000 characters) N/A Briefly describe how you will achieve this result(Max 4,000 chars.) N/A Activity Start Datenl Mav 2006 Number of Members:0 Activity End Date:31 October 2006 Hours per Day (on average)D Days per Week (on average) Re.�ul#S Result: Output N/A Indicator: N/A Target: N/A Target Value: 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Result: Intermediate Outcome N/A Indicator: N/A Target: NIA Target Value. 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Result: End Outcome N/A Indicator. N/A Target: N/A Target Value: 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Page 12 � � DRAFT Required Documents Document Name Status Audit Not Applicable Evaluation Not Applicable Page 13 ' 3 Exhibit D RPT BGT 424 June 14,2006 6:21 PM HB Citizen Corps/AmeriCorps Program City of Huntington Beach Application ID:05AC065789 Budget Dates: Total Amt CNCS Share Grantee Share Section 1.Program Operating Costs A.Personnel Expenses 53,611 40,318 13,293 B.Personnel Fringe Benefits 5,950 1,365 4,585 C.Travel Staff Travel 1,020 1,020 0 Member Travel Total $1,020 $1,020 $0 D.Equipment E Supplies 2,578 2,578 0 F.Contractual and Consultant Services G.Training Staff Training Member Training Total $0 $0 $0 H.Evaluation I.Other Program Operating Costs 2,000 2,000 0 Travel to CNCS-Sponsored Meetings 0 0 0 Total $2,000 $2,000 $0 Section 1.Subtotal $65,159 $47,281 $17,878 Section 1 Percentage 73% Y7% Section U.Member Costs A.Living Allowance Full Time(1700 hrs) 0 0 0 1-Year Half Time(900 hours) 0 0 0 Reduced Half Time(675 hrs) 0 0 0 Quarter Time(450 hrs) 0 0 0 Minimum Time(300 hrs) 0 0 0 2-Year Half Time(2nd Year) 0 0 0 2-Year Half Time(1st Year) 0 0 0 Total $0 $0 $0 B.Member Support Costs FICA for Members 0 0 0 Worker's Compensation 0 0 0 Health Care 0 0 0 Total $0 $0 $0 Section II.Subtotal $0 $0 $0 Section p.Percentages 0% 0% Section Ill.Administrative/Indirect Costs A.Corporation Fixed Percentage Corporation Fixed Amount 8,435 1,968 6,467 Commission Fixed Amount 497 497 0 Total $8,932 $2,465 $6,467 B.Federally Approved indirect Cost Rate Section Ili.Subtotal $8,932 $2,465 $6,467 Section Ill Percentage 28% 72% Section I+IN.Funding Percentages 67% 33% Budget Totals $74,091 $49,746 $24,345 Budget Total Percentage 67% 33% Required Match 0% #of years Receiving CNCS Funds 1 Form 424A Modified SF-424A(4/88 and 12/97) Page 1 Budget Narrative for 05AC065789 Page 1 of 4 Budget Narrative: HB Citizen Corps/AmeriCorps Program for City of Huntington Beach Section 1. Program Operating Costs A. Personnel Expenses Position/Title-Qty-Annual Salary%Time CNCS Share Grantee Share Total Amount Emergency Services Coordinator.-1 person(s)at 80536 each x 11.54% 0 9,294 9,294 usage Project Manager(ind PT,WC,Vac,Hoi,Sick)and Contracting Agency Fee of $200/biwkly pay period for 20 weeks):-1 person(s)at 28993 each x 100% 28,993 0 28,993 usage Assistant Project Manager(Includes Contracting Agency Fee of$200/biwkly 11,325 0 11,325 payperiod for 20 wks):-1 person(s)at 11325 each x 100%usage Program Planning Volunteers:-1 person(s)at 3999 each x 100%usage 0 3,999 3,999 CATEGORY Totals 40,318 13,293 53,611 B. Personnel Fringe Benefits Purpose-Calculation-Total Amount CNCS Share Grantee Share1 Total Amount Emer Svcs Coor Benefits:Ins,Vac,Hol,Ret:($39738)(11.538%) 0 4,585 4,585 Project Manager ins:(26993)(5.0568%) 1,365 0 1,365 CATEGORY Totals 1,365 4,585 5,950 C. Travel Staff Travel Purpose-Calculation CNCS Share Grantee Share Total Amount Mileage including Planning Grantee Training:3000 miles at$0.34 per mile 1,020 0 1,020 CATEGORY Totals 1,020 0 1,020 Member Travel Purpose-Calculation IL CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 D. Equipment Item/Purpose-Qty-Unit Cost CNCS Share Grantee Share Total Amount https://egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fU48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 2 of 4 CATEGORY Totals 0 0 0 E. Supplies Item-Calculation CNCS Share Grantee Share Total Amount Office Supplies:644.50 x 4 months 2,578 0 2,578 CATEGORY Totals 2,578E_ 0 2,578 F. Contractual and Consultant Services Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 G. Training Staff Training Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 Member Training Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 H. Evaluation Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 1, Other Program Operating Costs Purpose-Calculation CNCS Share Grantee Share Total Amount Travel to CNCS-Sponsored Meetings: 0 0 0 July 3 day United in Service Conference-staff each:($600 hotel+$300 reg+ (3)$100 per diem)per staff member;balance for other CSC/AmeriCorps 2,000 0 2,000 training/required visit events CATEGORY Totals 2,000 0 2,000 SECTION Totals 47,281 17,878 65.159 httpsJ/egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 3 of 4 PERCENTAGE 73% 27% Section II. Member Costs A. Living Allowance Item-#Mbrs w/Allow-Allowance Rate-#Mbrs w/o Allow CNCS Share Grantee Share Total Amount Full Time(1700 hrs):Member(s)at a rate of each Members W/O allowance 0 0 0 1 Year Half Time(900 hours):Member(s)at a rate of each 0 0 0 Members W/O allowance 2-Year Half Time(1st Year):Member(s)at a rate of each 0 0 0 Members W/O allowance 2-Year Half Time(2nd Year):Member(s)at a rate of each Members W/O allowance 0 0 0 Reduced Half Time(675 hrs):Member(s)at a rate of each 0 0 0 Members W/O allowance Quarter Time(450 hrs):Member(s)at a rate of each 0 0 0 Members W/O allowance Minimum Time(300 hrs):Member(s)at a rate of each Members W/O allowance 0 0 0 CATEGORY Totals 0 0 0 B. Member Support Costs Purpose-Calculation CNCS Share Grantee Share Total Amount FICA for Members: 0 0 0 Worker's Compensation: 0 0 0 Health Care: 0 0 0 CATEGORY Totals 0 0 0 SECTION Totals 0 0 0 PERCENTAGE 0% 0% Section III. Administrative/Indirect Costs A. Corporation Fixed Percentage Item-Calculation CNCS Share Grantee Share Total Amount Corporation Fixed Amount:Total of CNCS Share of Sxns I and ll*.0526*80 for 1,968 6,467 8,435 CNCS; 10%of total direct costs for grantee share https://egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 4 of 4 Commission Fixed Amount:Total of CNCS Share of SEctions 1 and 497 0 497 ll*.0526*.20 CATEGORY Totals 2,465 6,467 8,932 B. Federally Approved Indirect Cost Rate Calculation-Cost Basis-Cost Type-Rate Claimed-Rate CNCS Share Grantee ShareFo:t�alount CATEGORY Totals 0 0 0 SECTION Totals 2,465 6,467 8,932 PERCENTAGE 28% 72% BUDGET Totals 49,746 24,345 74,091 PERCENTAGE 67% 33% Source of Funds Section Description Section 1.Program Operating Costs City of Huntington Beach,$0 cash,$13878 in-kind match Huntington Beach CERT,$0 cash,$3999 in-kind match Section II.Member Costs Section III.Administrative/indirect Costs City of Huntington Beach,$0 cash,$6467,Administrative/Indirect Costs https://egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Exhibit E AMERICORPS GRANT PROVISIONS (effective 9/6/05) These AmeriCorps Grant Provisions are binding on the Grantee. By accepting funds under this grant,the grantee agrees to comply with the AmeriCorps Provisions,all applicable federal statutes,regulations and guidelines,and any amendments thereto.The grantee agrees to operate the funded Program in accordance with the approved grant application and budget,supporting documents,and other representations made in support of the approved grant application. The grantee agrees to include in all sub-grants the applicable terms and conditions contained in this award. For the purposes of these Provisions,AmeriCorps refers to AmeriCorps*State, AmeriCorps*National and AmeriCorps*Tribes and Territories Programs only. All applicable Provisions of the grant, including regulations and OMB circulars that are incorporated by reference shall apply to any grantee,sub-grantee,or other organization carrying out activities under this award TABLE OF CONTENTS I. Changes to the 2005 AmeriCorps Grant Provisions II. Legislative and Regulatory Authority III. Other Applicable Statutory and Administrative Provisions A. States, Indian Tribes,U.S.Territories and Local Governments B. Nonprofit Organizations C. Educational Institutions D. Other Applicable Statutes and Regulations . E. Order of Precedence IV. AmeriCorps Special Provisions A. Definitions B. Affiliation with the AmeriCorps National Service Network C. Member Enrollment D. Training, Supervision and Support E. Terms of Service F. Changes in Member Status G. Release from Participation H. Minor Disciplinary Actions I. Living Allowances,Other In-Service Benefits and Taxes J. Post Service Education Awards IC Matching Requirements L. Member Records and Confidentiality M. Budget and Programmatic Changes N. Reporting Requirements O. Grant Period and Incremental Funding General Provisions A. Responsibilities Under Grant Administration B. Financial Management Standards C. Administrative Costs D. Retention of Records E. Liability and Safety Issues F. Non-Discrimination G. The Office of Inspector General H. Ownership and Sharing of Grants Products I. Publications Ih J. Suspension or Termination of Grant Attachments: Civil Rights Non-Harassment Policy Grant Program Civil Rights Policy 2 I. CHANGES TO THE 2005 AMERICORPS GRANT PROVISIONS These grant provisions have changed significantly from the last AmeriCorps Grants Provisions issued in 2004. Changes have been made to reflect the revised AmeriCorps regulations that take effect on September 6,2005. The following sub-sections of the former provisions have been deleted, and are no longer identified as specific provisions herein,because they are now included in the regulations: A. Definitions-most now appear in the regulations 3. Local and State Consultation 4. Prohibited Service Activities 5. Fundraising 6. Eligibility,Recruitment and Selection Section-Member Recruitment section only 9. Release from Participation 11. Sections related to Living Allowance Match Requirements and Childcare and Family and Medical Leave Eligibility 13. Matching Requirements 18. Performance Measurement and Evaluation 22. Sections related to Time and Attendance Requirements(these sections are described in the relevant OMB Circulars) 23. Administrative Costs 24. Equipment and Supply Costs 25. Program Income 26. Payments under the Grant 30. Drug-free Workplace 33. Supplementation,Non-Duplication and Non-Displacement 34. Grievance Procedures All other sub-sections in this current set of provisions are either new, or have been renamed and renumbered;therefore,the Provisions should be read in their entirety. Most significantly,the Corporation has revised the following sub-sections: • The term Full-time Equivalent(FTE)#is replaced with the term Member Service Year (MSY) • Section IV—C: Member Enrollment: ➢ 1. Member Enrollment Procedures -added ➢ 7. Criminal Record Checks-Requirements were updated and clarified • Section IV—D: Training, Supervision,and Support: ➢ 6. Performance Reviews-The requirement for a mid-year evaluation for less than Half-Time members was eliminated • Section IV—1: Living Allowance, Other In-Service Benefits and Taxes ➢ 1. Living Allowance Distribution—Policies were clarified 3 �•' � Section IV- N: Reporting Requirements ➢ 1. Financial Status and Progress Reports—Eliminated the use of WBRS to meet financial reporting requirements. •'I! Section V—B: Financial Management Standards ➢ 4. Consultant Services-The individual consultant fee was increased from $443 to$540 per day •II', Section V—F: Non-Discrimination ➢ 2. -Discrimination Prohibited ziii-Policies were updated LEGISLATIVE AND REGULATORY AUTHORITY s III t is authorized b and subject to the National and Community Service Act of 1990 as �� Y J tY ded, codified as 42 U.S.C. 12501 et seq., and 45 C.F.R. 2510 et seq. Grantees must comply the requirements of the Act and its implementing regulations. L OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS CA tees must also comply with the applicable federal cost principles,administrative re cements,and audit requirements incorporated by reference as follows: A I STATES,INDIAN TRIBES,U.S.TERRITORIES,and LOCAL GOVERNMENTS. T1 0 following circulars and their implementing regulations apply to states, Indian tribes,U.S. to '''�ories, and local governments: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments--45 C.F.R. 2541.2 2. OMB Circular A-87, Cost Principles for State and Local Governments. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. B. NONPROFIT ORGANIZATIONS. T following circulars and their implementing regulations apply to nonprofit organizations: 1. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Nonprofit Organizations--45 C.F.R 2543 OMB Circular A-122,Cost Principles for Nonprofit Organizations. 3. OMB Circular A-133,Audits of States,Local Governments and Non-Profit Organizations. C EDUCATIONAL INSTITUTIONS. 4 Y ' The following circulars and their implementing regulations apply to educational institutions: 1. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Nonprofit Organizations--45 C.F.R.2543 2. OMB Circular A-21,Cost Principles for Educational Institutions. 3. OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations. D. OTHER APPLICABLE STATUTES and REGULATIONS. The grantee must comply with all other applicable statutes,executive orders,regulations and policies governing the Program,including but not limited to those cited in these Grant Provisions,the Grant Assurances and Certifications,and those cited in 45 C.F.R. Parts 2541 and 2543. E. ORDER OF PRECEDENCE. Should there be any inconsistency among the Notice of Grant Award,the AmeriCorps Special Provisions,the General Provisions, and the approved grant application,the order of precedence that will prevail is(1)Notice of Grant Award,(2)the AmeriCorps Special Provisions, (3)the General Provisions,and(4)the approved grant application. IV. AMERICORPS SPECIAL PROVISIONS A. DEFINITIONS. For purposes of this grant the following definitions apply: 1. AmeriCorps National Service Network means AmeriCorps*State, AmeriCorps*National,AmeriCorps*Tribes and Territories,Volunteers in Service to America(VISTA),and National Civilian Community Corps(NCCC);programs taken together as programs dedicated to national service.VISTA is authorized under the Domestic Volunteer Service Act(42U.S.C. 4950 et seq.).NCCC is authorized under the National and Community Service Act(42 U.S.C. 12511 et seq.). 2. Approved National Service Position means a national service position for which the Corporation has approved the provision of a national service education award as one of the benefits to be provided for successful service in the position. 3. Faith-based organizations include: a. Religious congregations(church,mosque,synagogue,temple,etc.); b. Organizations,programs,or projects operated or sponsored by a religious congregation; 5 ' 1 I clearly show b their mission statements po licies, c. Nonprofit organizations that cle , p g Y Y P and/or practices that they are religiously motivated or religiously guided institutions; d. Organizations that,when asked, designate themselves as a faith-based or religious organization; or e. Collaborations of organizations lead by an organization from the previously described categories,or of which half or more of the members are from the previously described categories. 4! Grantee, for the purposes of this agreement,means the direct recipient of this grant.The term sub-grantee shall be substituted for the term grantee where appropriate. The grantee is also responsible for ensuring that sub-grantees or other organizations carrying out activities under this award comply with these provisions, including regulations and OMB circulars incorporated by reference. The grantee is legally accountable to the Corporation for the use of grant funds and is bound by the provisions of thegrant. Member means an individual: a. Who is enrolled in an approved national service position; b. Who is a U.S. citizen,U.S.national or lawful permanent resident alien of the United States; c. Who is at least 17 g ears of age at the commencement of service unless the Y member is out of school and enrolled i. in a full-time,year-round youth corps Program or full-time summer Program as defined in the Act(42 U.S.C. 12572(a) (2)), in which case he or she must be between the ages of 16 and 25, inclusive, or ii. in a Program for economically disadvantaged youth as defined in the Act (42 U.S.C. 12572(a)(9)), in which case he or she must be between the ages of 16 and 24, inclusive;and iii. Has a high school diploma or an equivalency certificate(or agrees to obtain a high school diploma or its equivalent before using an education award)and who has not dropped out of elementary or secondary school in order to enroll as an AmeriCorps member(unless enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under section 484 of the Higher Education Act of 1965,20 U.S.C. 1091),or who has been determined through an independent J assessment conducted by the Program to be incapable of obtaining a high school diploma or its equivalent. Parent Organization means a grantee that is responsible for implementing and managing a National Direct AmeriCorps or National Direct Education Award Program. 7,. Service Recipient means a community beneficiary who receives a service or benefit from the service of AmeriCorps members. 6 c 8. Sub-grantee refers to an organization receiving AmeriCorps grant funds from a grantee of the Corporation. B. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK. 1. Identification as an AmeriCorps Program or Member.The grantee must identify the Program as an AmeriCorps Program and members eligible for a Corporation-approved post-service education award as AmeriCorps members. 2. The AmeriCorps Name and Logo.AmeriCorps is a registered service mark of the Corporation for National and Community Service.The grantee.must use the AmeriCorps name and logo on service gear and public materials such as stationery,application forms, recruitment brochures,orientation materials,member curriculum,signs,banners, press releases and publications created by AmeriCorps members in accordance with Corporation requirements. The Corporation provides.a camera.-ready logo. To establish the relationship between the Program and AmeriCorps, the grantee must use the phrase "The AmeriCorps National Service Network" or"an AmeriCorps Program" and may use the slogan"Getting Things Done"TM on such materials in accordance with Corporation guidelines and requirements. The grantee may not alter the AmeriCorps logo,and must obtain the written permission of the Corporation before: a. Using the AmeriCorps name or logo on materials that will be sold,or b. Permitting donors to use the AmeriCorps name or logo in promotional materials. The grantee may not use or display the AmeriCorps name or logo in connection with any activity prohibited in these grant provisions. 3. AmeriCorps Service Gear.The grantee is encouraged to provide the core AmeriCorps Service Gear Package for each member. The core package includes the standard items made available by the Corporation,through the Mississippi Industries for the Blind.The grantee should direct members to wear their service gear at officially designated AmeriCorps events and may allow members to wear their service gear at other times consistent with Corporation guidelines. The grantee may not use Corporation funds to purchase local Program service gear. 4. Participation in AmeriCorps Events.The grantee agrees,within reasonable limits, to arrange for members to participate in AmeriCorps events and activities sponsored by the Corporation, such as the National Opening Ceremonies,conferences and national service days. C. MEMBER ENROLLMENT Member recruitment,selection and enrollment requirements are in the Corporation's regulations at 45 C.F.R Part 2522. In addition,the following apply: 1. Member Enrollment Procedures. 7 j a. An individual is enrolled as an AmeriCorps member when all of the following have occurred: i. He or she has signed a member contract; ii. The program has verified the individual's eligibility to serve; iii. The individual has begun a term of service; and iv. The program has approved the member enrollment form in WBRS. b. Prior to enrolling a member in AmeriCorps,programs make commitments to individuals to serve. A commitment is defined as signing a member contract with an individual or otherwise entering a into legally enforceable commitment g as determined by state law. c. Within 30 calendar days of entering into a commitment with an individual, the grantee or sub-grantee will notify the Corporation of the commitment via WBRS by enrolling the individual as a member. d. Member Enrollment: Within 30 calendar days of the member's starting service, the program must complete and approve the enrollment form in WBRS. P �'� mP PP e. if a commitment does not result in a member actually g bein enrolled,the program must cancel the commitment in WBRS within 30 calendar days of the member's expected start date. if a grantee or sub-grantee does not complete an enrollment within 30 days of the member's expected start date,the grantee and sub-grantee will receive notification that the timeframe has expired. The program will then have 15 calendar days to complete the enrollment before the commitment is removed from WBRS. f. Failure to notify the Corporation of member commitments or enrollments within these timeframes may result in sanctions to the grantee or sub-grantee, up to and including,reducing the number of member positions or suspending or terminating the grant. �. AmeriCorps Members.The grantee must keep time and attendance records on all AmeriCorps members in order to document their eligibility for in-service and post- service benefits. Time and attendance records must be signed and dated both by the member and by an individual with oversight responsibilities for the member. 3. Completion of Terms of Service. A Program should make eve effort to enroll P �' every e members so that each member has a reasonable expectation of completing his/her term of service by the end of the Program's project period. Should a Program not be renewed, a member who was scheduled to continue in a term of service may either be placed in another Program where feasible or a member may receive a prorated education award if �' � Y Ili o the member has completed at least 15/o of the service hour requirement. 14. Reasonable Accommodation.Programs and activities must be accessible to persons with disabilities, and the grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members, service recipients, applicants,and program staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation. 8 The vast majority of accommodations are inexpensive. For those cases where reasonable accommodations are more costly,there is a limited amount of money available through State Commissions to provide accommodations for service members. The Office of Disability Employment Policy operates a toll-free, confidential, free resource for employers on reasonable accommodation requirements and options for accommodating employees at(800)526-7234(voice/TTY),e-mail at JAN ,jan.icdi.wvu.edu,or website at www.ian.wvu.edu. Accommodations that impose an undue financial or administrative burden on the operation of the program or fundamentally alter its nature are not reasonable accommodations.However,the grantee must document and prove any undue burden. Similarly,a person who poses a direct threat to the health or safety to himself or herself or to others,where the threat cannot be eliminated by reasonable accommodation, is not a qualified individual with a disability.In such instances the grantee must document and prove the direct threat. 5. Member Classification.AmeriCorps members are not employees of the Program or of the federal government.The definition of"participant"in the National and Community Service Act of 1990 as amended applies to AmeriCorps members. As such,"a participant (member)shall not be considered to be an employee of the Program in which the participant(member) is enrolled"(42 U.S.C. 12511(17)(B)). Moreover,members are not allowed to perform an employee's duties or otherwise displace employees. For the limited purposes of the Family and Medical Leave Act of 1993, the member may be considered an eligible employee of the project sponsor.The Family and Medical Leave Acts requirements as they apply to AmeriCorps Programs are contained in 45 C.F.R 2540.220(b). 6. Parental Consent. Before enrolling in a Program, individuals under eighteen years of age must provide written consent from a parent or legal guardian. 7. Criminal Background Checks. Programs with members(18 and over)or grant-funded employees who, on a recurring basis,have access to children(usually defined under state or local law as un-emancipated minors under the age of 18)or to individuals considered vulnerable by the program(i.e. the elderly or individuals who are either physically or mentally disabled),shall,to the extent permitted by state and local law,conduct criminal background checks on these members or employees as part of the overall screening process. The grantee must ensure,to the extent permitted by state or local law,that it maintains background check documentation for members and employees covered by this provision in the member or employee's file or other appropriate file. The documentation must demonstrate that, in selecting or placing an individual,the grantee or the grantee's designee(such as a site sponsor)reviewed and considered the background check's results. 9 8. Criminal Charges.An AmeriCorps member who is officially charged with a violent felony,or with the sale or distribution of a controlled substance during a term of service will have his/her service suspended without a living allowance and without receiving P credit for hours missed. The member may be reinstated into AmeriCorps service if he/she is found not guilty or if the charge is dismissed. If an AmeriCorps member who has been cleared of such mP charges is unable to complete his/her term of service within one year, g he/she may accept a pro-rated education award as long as he/she has completed at least 15%(255 hours full-time/135 hours less than full-time)of his/her service. An AmeriCorps member who is convicted of a criminal charge as described above must be terminated for cause from the program,and he/she is not eligible for any portion of an education award D. ' 'RAINING,SUPERVISION AND SUPPORT. 1. Planning for the Term of Service.The grantee must develop member position j' descriptions that provide for meaningful service activities and performance criteria that are appropriate to the skill level of members.The grantee must ensure that each member has sufficient opportunity to complete the required number of hours to qualify for a post- service education award. In planning for the member's term of service,the grantee must account for holidays and other time off,and must provide each member with sufficient opportunity to make up missed hours. 2. Member Contracts.The grantee must require that members sign contracts that,at a minimum,stipulate the following: a. The minimum number of service hours and other requirements(as developed by the Program)necessary to successfully complete the term of service and to be eligible for the education award; b. Acceptable conduct; c. Prohibited activities including l� �those specified in the regulations; d. Requirements under the Drug-Free Workplace Act(41 U.S.C..701 et seq.); e. Suspension and termination rules; f. The specific circumstances under which a member may be released for cause; g P description; The position de c ' tion- h. Grievance procedures;and i. Other requirements as established by the Program. :13. Consistent with the approved budget, the grantee must provide members with the training,skills,knowledge and supervision necessary to perform the tasks required in their assigned project positions,including specific training in a particular field and p P g P background information on the community served. The grantee must conduct an orientation for members and comply with any pre-service orientation or training required by the Corporation. This orientation should be designed to enhance member security and sensitivity to the community.Orientation should cover io member rights and responsibilities,including the Program's code of conduct,prohibited activities(including those specified in the regulations),requirements under the Drug-Free Workplace Act(41 U.S.C. 701 et seq.), suspension and termination from service, grievance procedures, sexual harassment, other non-discrimination issues,and other topics as necessary. 4. Service-Learning.The grantee agrees to use service experiences to help members achieve the skills and education needed for productive,active citizenship,including the provision, if appropriate,of structured opportunities for members to reflect on their service experiences. 5. Supervision.The grantee must provide members with adequate supervision by qualified supervisors in accordance with the approved application. The grantee must establish and enforce a code of conduct for members. 6. Performance Reviews. The grantee must conduct and keep a record of at least a midterm and end-of-term written evaluation of each member's performance for Full and Half-Time members and an end-of-term written evaluation for less than Half-time members. The evaluation should focus on such factors as: a. Whether the member has completed the required number of hours; b. Whether the member has satisfactorily completed assignments; and c. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. 7. Registration to Vote.The grantee should encourage all eligible members to register and vote. However,the grantee is prohibited from requiring members to register or to vote, and from attempting to influence how members vote. Members who are unable to vote before or after service hours should be allowed to do so during their service time without incurring any penalties.The site director should determine the length of absence. 8. Jury Duty.The grantee must allow AmeriCorps members to serve on a jury without being penalized for doing so.During the time AmeriCorps members serve as jurors,they should continue to receive credit for their normal service hours,a living allowance, health care coverage and,if applicable,child care coverage regardless of any reimbursements for incidental expenses received from the court. 9. Member Death or Injury.The grantee must report any deaths or serious injuries to the appropriate Corporation Program Officer immediately. 10.Armed Forces Reserves. Generally,the Reserves of the U.S. Army,U.S.Navy,U.S.Air Force,U.S. Marine Corps,U.S.Coast Guard,the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus 12 to 15 days a year (hereafter referred to as the two-week active duty service).To the extent possible, grantees should seek to minimize the disruption in members' AmeriCorps service as a result of discharging responsibilities related to their reservist duties. If members have a 11 choice of when to fulfill their annual two-week active duty requirement,they should do when it will service. In'so h 1 not disrupt their AmeriCorps serve instances where the dates of a active duty are inflexible and conflict with AmeriCorps service,members should be anted a leave of absence for the two-week period of active du service in the Reserves. �' P duty Members may not receive time-off for additional Reserves-related service beyond the Y Y two-week active du service.No AmeriCorps service credit is earned for the once-a- tY rP month weekend service in the Reserves. Grantees should credit members for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps service.The member would receive credit for the number of hours he or she would have served during that period had there been no interruption.For example, if a full-time member is signed up to serve 30 hours of AmeriCorps service one week and 40 hours of AmeriCorps service on the following week, she or he would receive 70 hours of AmeriCorps service credit for the two weeks of active duty service regardless of the actual number of hours served in the Reserves. Reservists in the U.S.Armed Forces receive compensation for their mandatory two weeks of active duty service.The compensation regulations governing the Army and Air National Guard may vary by state. Grantees should continue to pay the living allowance and provide health care and childcare coverage for the two-week period of active duty. E. TERMS OF SERVICE. 1. Program Requirements.Each Program must,at the start of the term of service, establish the guidelines and definitions for the successful completion of the Program year,ensuring that these Program requirements meet the Corporation's service hour requirements as defined below: a. Full-Time Members. Members must serve at least 1700 hours during a period of not less than nine months and not more than one year. b. Half-Time Members. Half-time members must serve at least 900 hours during a period of one or two ears as indicated in the approved budget. Y PP c. Reduced Half-Time Members. Reduced half-time members must serve at least 675 hours over a time not to exceed ye ar. ear. o uart must leas hours d. Quarter-Time Members Quarter-time members m serve at t 450 Q .Q over a time not to exceed one year. I II y e. Minimum Time Members. Minimum time members must serve at least 300 hours over a time not to exceed one year. Z. Notice to the Corporation's National Service Trust. The grantee must notify the Corporation's National Service Trust within 30 days upon entering into a commitment with an individual to serve;a member's enrollment in WBRS; and completion of,lengthy or indefinite suspension from,or release from,a term of service. Lengthy or indefinite suspension of service is defined as an extended period during which the member is not serving,nor accumulating service hours or receiving AmeriCorps benefits,because it is unclear when the member might return to the Program. 12 The grantee also must notify the Trust when a change in a member's status is approved and changed(i.e. from full-time to less than full-time or vice versa). Failure to report such changes within 30 days may result in sanctions to the grantee,up to and including, suspension or termination.Grantees or sub-grantees properly utilizing WBRS meet notification requirements when they use that system to inform the Corporation within the approved time frames. Any questions regarding the Trust should be directed to the Trust Office. F. CHANGES IN MEMBER STATUS 1. Changing Member Status. Circumstances may arise within a program that necessitate changing the type of unfilled AmeriCorps member positions awarded to a grantee or sub- grantee,or changing the term of service of a currently enrolled member.Note that once a member is exited with a partial education award,the remaining portion of that education award is not available for use. Any change of member status that: a. Necessitates a change in the number of member service year positions in the grant, b. An increase in the number of slots in the grant,or c. A change in the funding amount of the grant requires prior written approval from the Corporation's Office of Grants Management. 2. Changing Slot Types(unfilled positions).Grantees or sub-grantees may change the type of slots awarded to their program with prior approval from the Corporation's Office of Grants Management if: a. the change does not increase the total number of slots authorized in the Notice of Grant Award(e.g., one full-time position may be changed to one half-time or one quarter-time position)and b. 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). To request a change in slot type,the grantee must make a slot correction request in WBRS and forward it to the Corporation for approval. 3. Changing a Term of Service(filled positions). Changes in terms of service may not result in an increased number of slots or MSYs for the program. a. Full-time.State Commissions and Parent Organizations may authorize or approve occasional changes of currently enrolled full-rime members to less than full-time members within the first 90 days of the member's service. Impact on program quality should be factored into approval of requests.The Corporation will not cover health care or childcare costs for less than full-time members. It is not 13 allowable to transfer currently enrolled full-time members to a less than full-time status simply to provide a less than full-time education award. A Change of Status form must be completed in WBRS and forwarded to the Corporation within 30 days. b. Less than Full-time. Changing less than full-time members to full-time is discouraged because it is very difficult to facilitate,unless done very early in the members term of service. State Commissions and Parent Organizations may authorize or approve such changes so long as they are within the first 90 days of the member's service,and the current budget can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 12 months of the member's original start date. A Change of Status form must be completed in WBRS and forwarded to the Corporation within 30 days. c. RefillingSlots. Eligible Americo s State and National programs that have g rp P � My enrolled 1 to replace an member who o ed their awarded member slots are allowed e Y P Y terminates service before completing 15 percent of his/her term. An member mP g P Y who fails to reach this threshold is not eligible for any portion of an education award. Programs may not refill the same slot more than once. II'Ii, As a fail-safe mechanism to ensure that corporate resources are available in the national service trust to finance any member's education award,the Corporation will suspend refilling if either: i. total AmeriCorps enrollment reaches 97 percent of awarded slots or ii. the number of refills reaches five percent of awarded slots. Grantees whose awards have special grant conditions under 45 CFR 2543.14 or 2541.120 are not eligible to refill positions. In order to be qualified to refill, grantees will be evaluated on the basis of the results of their State Administrative Standards reviews,the outcomes of Inspector General audits,and site visits and oversight by CNCS program and grants officers. State Commissions and Parent Organizations must forward all changes and appropriate forms to the Corporation after approval.Any requests for changes that fail outside of the parameters set forth above must come to the Corporation for III written approval with concurrence from the State Commission or Parent Organization. l 4. Notice to Childcare and Health Care Providers.The grantee must notify fY the Corporation's designated agents immediately in writing when a member's status changes,such that it would affect eligibility for childcare or health care. Examples of g � � tY p changes in status are converting a full-time member to less than full-time member, terminating or releasing members from service,and suspending members for cause for lengthy or indefinite time periods. Program directors should contact AmeriCorps®Care at(800)5704543 on childcare related changes, and their health insurance provider about health insurance related changes. 14 G. RELEASE FROM PARTICIPATION. Grantees may release members from participation for two reasons: (a) for compelling_personal circumstances; and(b)for cause. See 45 C.F.R. §2522.230 for requirements. In addition to the regulations,the following apply: 1. No Automatic Disqualification if Released for Cause.A release for cause covers all circumstances in which a member does not successfully complete his/her term of service for reasons other than compelling personal circumstances.Therefore, it is possible for a member to receive a satisfactory performance review and be released for cause. For example,a member who is released for cause for a first term for personal reasons—e.g. he/she has decided to take a job offer—but who,otherwise,was performing well up until the time he/she decided to leave,would not be disqualified for a second term as long as he/she received a satisfactory performance evaluation for the period he/she served. 2. Required Disclosure by Member of Prior Release for Cause.Any individual released for cause who thereafter applies to serve in any AmeriCorps program must disclose the fact that he/she was released for cause to the Program to which the individual is applying. Failure to disclose that the individual was released for cause from another AmeriCorps Program will make the individual ineligible to receive the AmeriCorps education award. H. MINOR DISCIPLINARY ACTIONS. The grantee may temporarily suspend or impose a fine on a member for minor disciplinary reasons, such as chronic tardiness, as outlined in the conditions of the member contract. 1. Temporary Suspension of Service.The period of suspension does not count toward a member's required service hours. Further,members who are suspended for minor disciplinary reasons may not receive a living allowance for the suspension period. 2. Fines.If determined to be necessary for improvements in member performance or attendance,the grantee may impose a reasonable fine on members for minor disciplinary problems consistent with the member contract.The fines may not be calculated on an hourly basis. For example,a member who is an hour late may not be fined an hour's worth of living allowance.Instead,the grantee shall establish a written policy on fines, which is not linked to an hourly rate. The grantee may deduct fines from that portion of the member's living allowance that is paid by non-Federal funds. Before making any deductions,the grantee should consider how this might affect the status of members under employment laws, including minimum wage and unemployment compensation. Further,a grantee that deducts in this fashion may be required to provide additional matching funds. 15 1. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS AND TAXES. 'irements related to member living allowances and benefits are in 45 C.F.R.§§2522.240 and 25 250. In addition,the following apply: �. Living Allowance Distribution.A living allowance is not a wage. Programs must not 'II pay a living allowance on an hourly basis. Programs should pay the living allowance in regular increments, such as weekly or bi-weekly,paying an increased increment only on jthe basis of increased living expenses such as food,housing,or transportation. Payments should not fluctuate based on the number of hours served in a particular time period,and must cease when a member concludes a term of service. If a member serves 1700 hours but is permitted to conclude a term of service before the originally agreed upon date theprogram may not provide a"lump sum"payment to the r must member. Similarly,if a member enrolls after the ro s start date the o us P �'am � program provide regular living allowance payments from the members start date and may not P � g P Ym Y i h payment r provide a lump sum to increase the member s living allowance incremental a o g P Ym P P make u an missed payments. P Y P Ym I2. Taxes and Insurance. a. Liability Insurance.The grantee must have adequate general liability coverage for the organization, employees and members, including coverage of members engaged in on-and off-site project activities. b. FICA(Social Security and Medicare taxes).Unless the grantee obtains a rulingfrom the Social Security Administration or the Internal Revenue Service tY th at at specifically exempts its Americo s members from FICA requirements,the P Y P rP � , grantee must pay FICA for any member receiving a living allowance. The 0 grantee also must withhold 7.65/o from the member s living allowance. c. Income Taxes.The grantee must withhold Federal personal income taxes from member livingallowances,requiring each member to complete a W-4 form at � g P the beginning of the term of service and providing a W-2 form at the close of the tax year.The grantee must comply with any applicable state or local tax requirements. d. Unemployment Insurance.The U.S. Department of Labor ruled on April 20, P P 1995 that federal unemployment compensation law does not require coverage for members because no employer-employee relationship exists.The grantee may not charge the cost of unemployment insurance taxes to the grant unless mandated by state law. Programs are responsible for determining the requirements of state law by consulting their State Commission,legal counsel or the applicable state agency. AmeriCorps*National and AmeriCorps*Tribes and Territories grantees must coordinate with their State Commissions to determine a consistent state treatment of unemployment insurance requirements. 16 3. Worker's Compensation. Worker's Compensation is an allowable cost to the grant. The grantee is responsible for determining whether state law requires the provision of worker's compensation for members. If a program is not required by state law to provide worker's compensation,the Program must obtain Occupational Accidental Death and Dismemberment insurance coverage for members to cover in-service injury or incidents. 4. Health Care Coverage.The grantee must provide a health care policy to those full-time members not otherwise covered by a health care policy at the time of enrollment into the AmeriCorps program,or to those members who lose coverage during their term of service as a result of participating in the Program or through no deliberate act of their own.The Corporation will not cover health care costs for family members or for less than full-time members. a. Minimum Benefits.The health care policy must meet the following minimum benefits: i. Physician services for illness or injury; ii. Hospital room and board; iii. Emergency room; iv. X-ray and laboratory; v. Prescription drugs; vi. Limited mental/nervous disorders; vii. Limited substance abuse coverage; viii. An annual deductible of no more than$250 charges per member; ix. No more than$1,000 total annual out-of-pocket per member; x. A 20%co-pay or a comparable fixed fee with the exception of a 50%co- pay for mental and substance abuse care; and xi. A maximum benefit of at least$50,000 per occurrence or cause. b. Obtaining Health Care Coverage.You may obtain health care insurance for your members through any provider you choose,as long as the policy provides the minimum benefits and is not excessive in cost.If you use a health care policy that charges more than$150 per month to the Corporation you must send a copy of the policy along with a summary of its coverage and costs to the Corporation's Office of Grants Management. c. Half-Time Members.Although no portion of health insurance expenses for halfl:ime members may be paid from Corporation funds,you may choose to provide health care to half-time members from other sources. d: Half-Time Members serving in a Full-Time Capacity. Half-time members who are serving in a full-time capacity for a sustained period of time(such as a full-time summer project)may be eligible for health care benefits supported with Corporation funds,although that coverage must be approved in the grant or via prior written approval from the Corporation's Office of Grants Management. 17 6. Childcare.The grantee must ensure that childcare is made available to those full-time members who need such assistance in order to participate.Members are not eligible to receive childcare from AmeriCorps while they are receiving childcare subsidies from another source for the same period of AmeriCorps service. The criteria for member eligibility are contained'm 45 C.F.R §2522.250. 6. Administration of Child Care Payments.In general,the Corporation will provide for childcare payments,which will be administered through the National Association of Child Care Resource and Referral Agencies(NACCRRA),hereafter referred to as AmeriCorps®CARE. Grantees that choose to provide childcare as a match source(as approved in their budget)may use AmeriCorps®CARE for technical assistance. Grantees can contact AmeriCorps®CARE at(800) 570-4543 with questions regarding childcare. a. Program gr Director's s Responsibilities.In addition to determining a member s eligibility at the start of the term of service,Program directors are required to � q notify AmeriCorps(E)CARE immediately in writing when: i. A mem ber is no longer eligible for childcare benefits due to a change in the member s eligibility status e. family income exceeds the limit the g tY ( g� Y � . child turns 13 a full-time member becomes a less than full-time member, or a member le aves the Program); ii. New or existing members become eligible for childcare benefits; iii. A member wishes to change childcare providers or a childcare provider will no longer provide childcare services; or iv. A member is absent from the Program for excessive periods of time(five or more days in a month). b. Costs incurred due to the grantee's failure to keep AmeriCorps®CARE immediately informed of changes in a member's status may be charged to the grantee's organization. c. Half-Time Members.Although no portion of childcare expenses for half-time members may be paid from Corporation fiends,Programs may choose to provide childcare to half-time members from other sources. d. Half-Time Members Serving in a Full-Time Capacity.Half-time members who are serving in a full-time capacity for a sustained period of time(such as a full-time summer project)may be eligible for childcare benefits supported with Corporation funds alt hough that coverage must be approved in the t or via � PP � royal from the Corporation's Office of Grants Management. Prior written approval g e. Payments. Payments or reimbursement for childcare benefits will be made for eligible members to qualified providers from the date child care need was established after service began. The amount of childcare allowance may not exceed the applicable payment rate established by the State where the member is serving for child care funded under the Child Care and Development Block Grant Act of 1990. No payments and reimbursements will be made in the event the AmeriCorps member was ineligible,or if the provider was not qualified under the state guidelines. 18 III 7. Family and Medical Leave.The Corporation's Regulations at 45 C.F.R.§2540.220 describe the circumstances under which AmeriCorps members can take family and medical leave in accordance with the Family and Medical Leave Act of 1993 (FMLA). However, family and medical leave does not count toward the requisite service hours and members may not receive a living allowance during this period. At the grantee's discretion,temporary leave may also be authorized for the reasons allowed under FMLA to AmeriCorps members who do not otherwise meet the eligibility requirements for FMLA leave as described in the regulations. If temporary leave is appropriate,grantees have the flexibility to determine the duration of the absence for up to 12 weeks,and may choose to continue providing health benefits to the member during the period of absence. The length of the leave must be based on two considerations: (1)the circumstances of the situation;and(2)the impact of the absence on the member's service experience and on the overall program. If the disruption would seriously compromise the member's service experience or the quality of the program as a whole,then the grantee may offer the member the option of rejoining the program in the next class or completely withdrawing from the program. 8. Federal Work Study.Upon approval by the Corporation's Program Office, grantees may enroll Federal Work Study students as AmeriCorps members. Only individuals who enroll in an AmeriCorps position in a program that has been approved by the Corporation are eligible to receive AmeriCorps member benefits. Except as required by Federal Work Study regulations, AmeriCorps members may not be paid on an hourly basis.The Corporation does not consider a wage under the Federal Work Study program to be a living allowance for purposes of the National and Community Service Act. The grantee is not required to report such wages in the AmeriCorps grant. If you have members to whom you pay a living allowance for any service beyond the hours worked under the Federal Work Study Program,then at least 15%of the amount of the living allowance must be provided from non-Federal sources. J. POST-SERVICE EDUCATION AWARDS. In order for a member to receive a post-service education award from the National Service Trust, the grantee must certify to the National Service Trust that the member is eligible to receive the education benefit. The grantee must notify the National Service Trust on a form provided by the Corporation(electronic submission via WBRS suffices)when it enrolls a member for a term of service,when the member completes the term,and whenever there is a change in the members status during the term(e.g.,release for compelling circumstances or suspension). A member may receive a post-service education award only for the first two terms of service. For example,one full-time and one half-time term of service count as two terms. If a member is released for reasons other than misconduct prior to completing 15%of a term of service, that term does not count as one of the two terms for which an education award may be provided.No Corporation or other federal funds may be used to provide member support costs for a third or subsequent term of service in an AmeriCorps*State or National Program. 19 In I'�;der to receive a full education award,a member must perform the minimum hours of service a 0,jquired by the Corporation and successfully complete the program requirements as defined b3 the Program. For example, if successful completion of a full-time program requires 1,800 se vice hours,members in that particular program are not eligible for an education award simply u !,,'n completion of 1,700 hours. If a member is released from a Program for compelling pc s nal circumstances,the member is eligible for a pro-rated education award based on the n er of hours served, if it is at least 15%of the total required hours. Questions regarding au horized uses of the education award should be directed to the Corporation's National Service TiIt Office. MATCHING REQUIREMENTS S5 C.F.R.§§2521.35—2529.95 for the AmeriCorps matching requirements. Grantees must al (refer to OMB Circulars A-21,A-87,A-122 and A-102[and its implementation regulation (4 C.F.R.§2543)or A-110(45 C.F.R§2541)], as applicable,for additional requirements related to 1 owable kinds and sources of match and match documentation requirements. Exception for Donated Professional Service.Because the purpose of this grant is to a enable and stimulate volunteer communityservice,the grantee may not include the value of direct community service performed by volunteers. However,the grantee may include the value of volunteer services contributed to the organization for organizational functions such as accounting,audit work,training of staff and AmeriCorps Programs. L 'I'il MEMBER RECORDS AND CONFIDENTIALITY. L Record-Keeping.The grantee must maintain records specified in the Financial Management Standards(Section B)of the General Provisions below that document each member's eligibility to serve pursuant to the member eligibility requirements in the definitions section of these provisions. The records must be sufficient to establish that the individual was eligible to participate in the program and that the member successfully completed the program requirements. 2. Verification.To verify U.S. citizenship,U.S.national status or,U.S. lawful permanent resident alien status,the grantee must obtain and maintain documentation as required by 45 C.F.R.§2522.200(b)and(c). The Corporation does not require programs to make and retain copies of the actual documents used to confirm age or citizenship P g P requirements,such as a drivers license or birth certificate as long e as the grantee has a q consistent practice of identifying the documents that were reviewed and maintaining a P fY g g record of the review.To verify whether the member meets the requirements relating to high-school education,the grantee must obtain from the member,and maintain in the member's file, a written declaration under penalty of law that the member meets the requirements of these provisions relating to high school education. If the member has been determined to be incapable of obtaining a high school diploma or its equivalent,the grantee must retain a copy of the supporting independent evaluation. 20 3. Confidential Member Information.The grantee must maintain the confidentiality of information regarding individual members. The grantee must obtain the prior written consent of all members before using their names,photographs and other identifying information for publicity,promotional or other purposes. Parental or legal guardian consent must be obtained for members under 18 years of age. Grantees may include an informed consent form as part of the member contract materials that are signed at the time the member enrolls.Grantees may release aggregate and other non-identifying information,and are required to release member information to the Corporation and its designated contractors. The grantee must permit a member who submits a written request for access to review records that pertain to the member and were created pursuant to this grant. M. BUDGET AND PROGRAMMATIC CHANGES. 1. Programmatic Changes.The State Commission or Parent Organization must obtain the prior written approval of the AmeriCorps Program Office before making the following changes in the approved Program: a. Changes in the scope, objectives or goals of the Program,whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; c. Entering into additional sub-grants or contracts for AmeriCorps activities.funded by the grant,but not identified or included in the approved application and grant budget. 2. Program Changes for Formula Programs. State Commissions are responsible for approving the above changes for state formula programs. 3. Budgetary Changes.The grantee must obtain the prior written approval of the Corporation's Office of Grants Management before deviating from the approved budget in any of the following ways: a. Reallocation of Funds from the "Member Support Cost"category to other categories of the approved budget. However,the grantee may reallocate funds within the line items in this category,except for increases in health care cost per member,which must be approved.The specific line items covered by this,sub- clause are: i. Living allowance, ii. FICA,worker's compensation,and unemployment insurance and iii. Health care(or alternative health care). b. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A-21,A-87 or A-122. For certain cost items,the cost circulars require approval of the awarding agency for the cost to be allowable.Examples of these costs are overtime pay,rearrangement and alteration costs,and pre-award costs. c. Purchases of Equipment over$5,000 using grant funds,unless specified in the approved application and budget. 21 d. Unless the Corporation share of the award is$100,000 or less,changes to cumulative budget line items that amount to 10 g Per cent or more of the total program budget must be approved in writing in advance by theCorporation. The total program budget includes both the Corporation and grantee shares. Grantees may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 per cent of the total program budget. e. Approvals of Programmatic and Budget Changes.The Corporation's Grants Officers are the only officials who have the authority to change the requirements of the grant.The Grants Officers will execute written amendments,and grantees e should not assume approvalst have been granted unless documentation from the 1� Grants Office has been received. N REPORTING REQUIREMENTS. 11. Financial Status and Progress Reports.Progress and Financial Status reporting requirements in these Provisions apply only to the grantee. Grantees are required to review, analyze, and follow up on progress and financial status reports they receive from AmeriCo s sub-grantees or operating sites. Each tee must submit Progress and rP �' P g 1 �' Financial Status Reports by the required due dates. Requests for extensions of reporting deadlines will be granted when 1)the report cannot be furnished in a timely manner for reasons legitimately beyond the control of the grantee and 2)the Corporation receives a request explaining the need for an extension before the due date of the report. Extensions of deadlines for FSRs(SF 269a)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. a. Financial Status Reports.The grantee shall submit semi-annual cumulative financial status reports,summarizing expenditures during the reporting period using eGrants(on the menu tree,click`Financial Status Reports'). Financial Status Report deadlines are as follows: Due Date Reporting Period Covered April 30 Start of grant through March 31 October 30 April 1 —September 30 A grantee must set its own submission deadlines for its respective sub-grantees. b. Progress Reports. i. Reporting Dates for National Direct Parent Organizations: A grantee Progress Report("GPR")is due in WBRS on the first Monday in f December of each year for the period from the start of the program year 22 I through September 30. The report will require the grantee's analysis of the AmeriCorps grants it administers. This includes reporting on the operating sites that have completed their program year by the reporting end date,as well as the progress to date for operating sites still in operation for that project period. c. Reporting Dates for State Commissions,Tribes,and Territories: An annual grantee Progress Report C'GPR")is due in WBRS on the first Monday in December of each year for the period from the start of the program year through September 30. The report will require the grantee's analysis of the AmeriCorps grants it administers.This includes reporting on sub-grantees that have completed their program year by the reporting end date and the progress to date for those sub-grantees still in operation for that project period. d. Final Financial Status Reports.A grantee completing the final year of its grant must submit, in lieu of the last semi-annualFSR, a final FSR that is due within 90 days after the end of the grant. Note: Sub-grantee Financial Status and Progress Reports The Corporation expects each grantee to set its own Sub-grantee reporting requirements. Grantees are responsible for monitoring sub-grantee activities and training needs,tracking progress toward objectives,and identifying programmatic and/or financial challenges. Sub-grantees must adhere to the reporting requirements outlined and communicated by its grantee for the program year. 2. AmeriCorps Member-Related Forms.The grantee is required to submit the following documents to the National Service Trust at the Corporation on forms provided by the Corporation. Grantees and sub-grantees may use WBRS to submit these forms electronically. Programs using WBRS must also maintain hard copies of the forms. a. Enrollment Forms.Enrollment forms must be submitted no later than 30 days after a member is enrolled. b. Change of Status Forms.Member Change of Status Forms must be submitted no later than 30 days after a member's status is changed. By forwarding Member Change of Status Forms to the Corporation,State Commissions and Parent Organizations signal their approval of the change. c. Exit/End-of-Term-of-Service Forms.Member Exit/End-of-Term-of-Service Forms must be submitted no later than 30 days after a member exits the program or finishes his/her term of service. 3. Benefit Provider Documentation.Programs are responsible for contacting applicable benefit providers immediately when a change of status affects the eligibility of a member or when a member leaves the program early. 23 0. GRANT PERIOD AND INCREMENTAL FUNDING. e purpose of the grant,a project period is the complete length of time the grantee is pri J posed to be funded to complete approved activities under the grant. A project period may co I 4in one or more budget periods. A budget period is a specific interval of time for which F ral funds are being provided to fund a grantee's approved activities and budget. U s otherwise specified,the grant covers a three-year project period. In approving a multi- ye project period,the Corporation makes an initial award for the first year of operation. Ai Itional funding is contingent upon satisfactory performance and the availability of funds. 71 project period and the budget period are noted on the award document. V.GENERAL PROVISIONS A ! SPONSIBILITIES UNDER GRANT ADMINISTRATION. M 1. Accountability of Grantee.The grantee has full fiscal and programmatic responsibility for managing all aspects of the grant and grant-supported activities,subject to the oversight of the Corporation. The grantee is accountable to the Corporation for its operation of the AmeriCorps Program and the use of Corporation grant funds.The grantee must expend grant funds in a judicious and reasonable manner,and it must record accurately the service activities and outcomes achieved under the grant.Although grantees are encouraged to seek the advice and opinion of the Corporation on special problems that may arise, such advice does not diminish the grantee's responsibility for making sound judgments and does not mean that the responsibility for operating decisions has shifted to the Corporation. 2. Notice to Corporation. The will notify fYtheaPPr appropriate Corporation Program m or Grants Officer immediate) of an developments or delays that have a significant impact Y Y P Y 1� p on funded activities an significant problems relating to the administrative or financial Y � P g aspects of the grant,or an suspected misconduct or malfeasance related to the t or P � Y s P 1 grantee. The grantee will inform the Corporation official about the corrective action taken or contemplated by the grantee and any assistance needed to resolve the situation. 3. Notice to the Corporation's Office of Inspector General.The grantee must notify the Office of Inspector General immediately of losses of federal funds or goods/services supported with federal funds,or when information discovered by someone at a program indicates that there has been waste fraud or abuse or any violation of criminal law,at the program or at a sub-grantee. FINANCIAL MANAGEMENT STANDARDS. 1. General.The grantee must maintain financial management systems that include standard accounting practices,sufficient internal controls, a clear audit trail and written cost allocation procedures,as necessary.Financial management systems must be capable 24 j of distinguishing expenditures attributable to this grant from expenditures not attributable to this grant. The systems must be able to identify costs by programmatic year and by budget category and to differentiate between direct and indirect costs or administrative costs. For further details about the grantee's financial management responsibilities,refer to OMB Circular A-102 and its implementing regulations(45 C.F.IL§2543)or A-110 and its implementing regulations(45 C.F.R.§2541),as applicable. 2. Consistency of Treatment. To be allowable under an award,costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Furthermore,the costs must be accorded consistent treatment in both federally financed and other activities,as well as between activities, supported by different sources of federal funds. 3. Audits. Grantee organizations that expend$500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act, as amended,31 U.S.C. 7501, et seq.,and OMB Circular A-133. (If the grantee expends federal awards under only one federal program, it may elect to have a program specific audit, if it is otherwise eligible.)A grantee that does not expend$500,000 in federal awards is exempt from the single audit requirements of OMB Circular A-133 for that year. However, it must continue to conduct financial management reviews of its programs, and records must be available for review and audit. A recipient of a Federal grant(pass-through entity)is required in accordance with paragraph 400(d)of OMB Circular A-133,to do the following with regard to its subrecipients: (1) identify the Federal award and funding source; (2)advise sub- recipients of all requirements imposed on them; (3)monitor sub-recipient activities and compliance; (4)ensure sub-recipients have A-133 audits when required;(5)issue decisions and ensure follow-up on audit findings in a'timely manner;(6)where necessary,adjust its own records and financial statements based on audits;and(7)require sub-recipients to permit access by the pass-through entity and auditors to records and financial statements, as necessary, for the pass-through entity to comply with A-133. 4. Consultant Services.Payments to individuals for consultant services under this grant will not exceed$540.00 per day(exclusive of any indirect expenses,travel,supplies and so on). C. ADMINISTRATIVE COSTS. Administrative Costs are defined in 45 C.F.R.§2510.20. In addition,the limits on administrative costs are included in 45 C.F.R.§2521.95. D. RETENTION OF RECORDS. 25 Th antee must retain and make available all financial records,supporting documentation, to scal records, evaluation and program performance data,member information and personnel e r4s, for 3 years from the date of the submission of the final Financial Status Report(SF 6„ ). If an audit is started prior to the expiration of the 3-year period, the records must be e "'"tied until the audit findings involving the records have been resolved and final action taken. iABILITY AND SAFETY ISSUES f. Liability Insurance Coverage.The grantee must have adequate liability insurance coverage for the organization, employees and members, including coverage of members engaged in on-and off-site project activities. Member Safety.The grantee must institute safeguards as necessary and appropriate to ensure the safetyf members.Members may tparticipate in ro'ects that pose undue o be s.M mbe no Y projects safety risks. . III'I ON-DISCRIMINATION. 1. Assurances.The grantee must assure that its programs or activities, including those of its sub-grantees,will be conducted, and facilities operated,in compliance with the applicable statutes set forth below, as well as with their implementing regulations. The grantee must obtain an assurance of such compliance prior to extending Federal financial assistance to sub-grantees. The U.S. Government shall have the right to seek judicial enforcement of these assurances. Discrimination Prohibited.A ersoninclu including member, a community beneficiary, or Program sta may not on the grounds of race color, national origin, se age, political affiliation,disability,or religion(except as noted below be excluded from III P tY, g ( P ) participation in,denied the benefits of,or be otherwise subjected to discrimination, directly or through contractual or other arrangements,under any program or activity receiving federal financial assistance.The prohibition on discrimination on the basis of disability protects otherwise qualified individuals with disabilities.The prohibition against discrimination on the basis of religion with respect to Program staff applies only to Program staff paid with Corporation funds but excludes staff paid with Corporation funds who were already employed by the grantee on the date the Corporation grant was awarded. �IIII This prohibition against discrimination includes,but is not limited to: a. Denying an opportunity to participate in,benefit from,or provide a service, financial aid,or other benefit, b. Providing an opportunity which is different or provided differently; 26 c. Denying an opportunity to participate as a member of a planning or advisory body integral to the program; d. Segregating or subjecting a person to separate treatment; e. Providing an aid,benefit, or service to a qualified disabled person that is less effective in affording opportunity to obtain the same result,gain the same benefit, or reach the same level of achievement; f. Denying a qualified disabled person the opportunity to participate in integrated programs or activities,even though permissibly separate or different programs or activities exist, g. Restricting a person's enjoyment of an advantage or privilege enjoyed by others; h. Providing different or separate aid,benefits, or services to disabled persons unless necessary in order to provide them as effectively as provided to others; i. Treating a person differently in determining admission,enrollment,quota, eligibility,membership or other requirements; j. Using criteria or administrative methods,including failing to provide needed auxiliary aids for disabled persons,which have the effect of subjecting persons to discrimination, or defeating or substantially impairing achievement of the objectives of the program for a person; k. Selecting a site or location of facilities with the purpose or effect of excluding individuals from, denying them the benefits of,or subjecting them to discrimination under the program, 1. Denying a qualified disabled person a benefit, aid,or participation because facilities whose groundbreaking occurred after May 30, 1979 are inaccessible to or unusable by disabled persons or because programs or activities in facilities predating May 30, 1979,when viewed in their entirety,are inaccessible to or unusable by disabled persons; and in. Failing to provide reasonable accommodation to otherwise qualified individuals with disabilities.The Corporation's updated policy statements "Grantees Civil Rights Policy"and its"Civil Rights Harassment Policy"which include additional discrimination prohibitions are attached and incorporated herein. 3. Public Notice of Nondiscrimination. The grantee must notify members,community beneficiaries,applicants,Program staff, and the public, including those with impaired vision or hearing,that it operates its program or activity subject to the nondiscrimination requirements of the applicable statutes. The notice must summarize the requirements, note the availability of compliance information from the grantee and the Corporation, and briefly explain procedures for filing discrimination complaints with the Corporation. Sample language is: It is against the law for organizations that receive federal financial assistance from the Corporation for National and Community Service to discriminate on the basis of race, color,national origin,disability,sex, age,political affiliation, or,in most cases,religion. It is also unlawful to retaliate against any person who,or organization that,files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving 27 discrimination complaints,you may bring a complaint to the attention of the Corporation r do Community Y ti n for National nal and Co uni Service. If you believe that you or others have been discriminated a airs or if you want more information, co ntact g � (Name, address hone number—both voice and Try,and preferably(N >p � P Y toll free— FAX number and e-mail address of the grantee)or Office of Civil Right and Inclusiveness c e Corporation for National and Commune Serve � Community 1201 New York Avenue,NW Washington,D.C. 20525 (202)606-7503 (voice);(202)565-2799(TTY) 202 565-3465 • eo cns ov e-mail t ) (F�, G g (e-mail) The grantee must include information on civil rights requirements,complaint procedures and the rights of beneficiaries in member contracts,handbooks,manuals,pamphlets,and post in prominent locations,as appropriate.The grantee must also notify the public in recruitment material and application forms that it operates its program or activity subject to the nondiscrimination requirements. Sample language, in bold print, is"This program is available to all,without regard to race,color,national origin,disability,age, sex, political affiliation,or, inmost instances,religion."Where a significant portion of the population eligible to be served needs services or information in a language other than English,the grantee shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. 4. Records and Compliance Information.The grantee must keep records and make available to the Corporation timely,complete and accurate compliance information to allow the Corporation to determine if the grantee is complying with the civil rights statutes and implementing regulations.Where a1 tee extends federal financi al assistance to sub- antees the sub-grantees must make available compliance �' � P information to the grantee so it can out its civil rights obligations. Sr' carry The Corporation will provide specific guidance regarding records and compliance information. At a minimum,the grantee should have available racial,ethnic,sex, and disability data regarding members/applicants,service recipients/applicants and Program staff/applicants.This data should be sufficient to measure the distribution of benefits to the eligible population and evaluate the services provided to the different segments of the o ulation being served. Data n members d Pro staff should be gathered,on a o m be and g � p g gram voluntarybasis directly from the individuals. Data on service recipients may be gathered, Y p Y estimated, or based on census or other statistics.Racial and ethnic data should be gathered for the following categories: a. Hispanic/Latino/Spanish culture or origin or non-Hispanic/Latino/Spanish culture or origin(one or the other)and one or more of the following: b. American Indian or Alaska.Native c. Asian d. Black or African American 28 IL e. Native Hawaiian or Other Pacific Islander f. White 5. Obligation to Cooperate.The grantee must cooperate with the Corporation so that the Corporation can ensure compliance with the civil rights statutes and implementing regulations. The grantee shall permit access by the Corporation during normal business hours to its books,records,accounts,staff,members, facilities,and other sources of information as may be needed to determine compliance. 6. Discrimination Complaints,Investigations and Compliance Reviews.The Corporation may review the practices of the grantee to determine civil rights compliance. Any person who believes discrimination has occurred may file a discrimination complaint with the Corporation's Equal Opportunity Office.The grantee may not intimidate,threaten,coerce,or discriminate against an individual to interfere with a right or privilege secured by the civil rights acts or because the person made a complaint, testified, assisted or participated in any manner in an investigation,proceeding,or hearing. The Corporation will keep the identity of complainants and witnesses confidential except as necessary to conduct an investigation,hearing, or judicial proceeding. The Corporation will investigate whenever a compliance review,report,complaint,or other information indicates a possible failure to comply with the statutes and their implementing regulations. If an investigation indicates a failure to comply,the Corporation will so inform the grantee and any applicable subgrantees and will attempt to resolve the matter by voluntary means. If the matter cannot be resolved by voluntary means,the Corporation will initiate formal enforcement action. Discrimination complaints may be raised through the grantee's grievance procedure.Use of the grantee's grievance procedure may not be a required precursor to filing a federal discrimination complaint with the Corporation. Use of the grantee's grievance procedure does not preclude filing a federal discrimination complaint.The grantee's grievance procedure should advise members that use of the grievance procedure does not stop the running of Corporation time frames for filing a discrimination complaint with the Corporation. In all cases where discrimination allegations have been raised with the grantee,the grantee must submit a written report to the Corporation's Equal Opportunity Office,which has review authority over the investigation and disposition of all discrimination complaints. 7. Self-Evaluation Requirements.The grantee must comply with(1)the self-evaluation requirements under section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities; (2)the self-evaluation requirements of the Age Discrimination Act of 1975; and(3)the self-evaluation requirements under title IX of the Education Amendments of 1972 regarding discrimination based on sex.Guidance regarding the self-evaluation requirements may be obtained from the Corporation's Equal Employment Opportunity Office, 1201 New York Avenue,NW,Washington, 29 t D.C. 20525, (202)606-7503; (202) 606-3472(TTY); (202) 565-2816(FAX); or eo@cns.gov(e-mail). t its assurances,the tee must comply with Applicable Statutes. In accordance with as p y PP � I ;I all federal statutes relating to non-discrimination to the extent applicable,including,but not limited to titles VI and VIII of the Civil Rights Act of 1964(42 U.S.C.§2000d and 3601 et seq.),section 504 of the Rehabilitation Act of 1973 (29 U.S.C.§794), title IX of the Education Amendments of 1972(20 U.S.C.§1681 et seq.)the Age Discrimination Act of 1975(42 U.S.C.§6101 et seq.), the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255),the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616),the Public Health Service Act of 1912(42 U.S.C.§290dd-3 and 290ee-3),and the requirements of any other non- discrimination provision in the National and Community Service Act of 1990,(42 U.S.C.§12635),or any other applicable non-discrimination provision. OFFICE OF INSPECTOR GENERAL 2ve rporation's Office of Inspector General(OIG)conducts and supervises independent and o audits, evaluations, and investigations of Corporation programs and operations. Based o 1'Itie results of these audits,reviews,and investigations,the OIG recommends policies to pi pinote economy and efficiency and to prevent and detect fraud,waste,and abuse in the C�rporation's programs and operations. `e;OIG also conducts and supervises audits of Corporation grantees, as well as legislatively 1dated audits and reviews. The legislatively mandated audits include the annual financial s tment audit,and fulfilling the requirements of the Government Information Security Reform t�and its successor, the Federal Information Security Management Act. A risk-based poach,along with input received from Corporation management, is used to select grantees grants for audit. The OIG hires audit firms to conduct some of its audits. The OIG audit s is available to discuss its audit function, and can be reached at(202) 606-9390. �'OIG is available to offer assistance to AmeriCorps grantees that become aware of suspected c'' mat activity in connection with the AmeriCorps program. Grantees should immediately c intact OIG when they first suspect that a criminal violation has occurred. The OIG il stigative staff is available to provide guidance and ensure that the appropriate law rcement agency is notified, if required. The OIG may be reached by email at toe@cnsoig.gov or by telephone at(800)452-8210. Following notification to OIG,grantees s" old also inform the respective program and grants officers of the facts and circumstances s nbunding these incidents. 11 I�OWNERSHIP AND SHARING OF GRANT PRODUCTS. 1. Ownership. Unless otherwise specified,the grantee owns and may copyright any work that is subject to copyright,including software designs,training manuals,curricula, videotapes and other products produced under the grant. However, the grantee may not 30 i I'Illi sell any work that includes an AmeriCorps logo without prior written approval from the Corporation. 2. Corporation Use.The Corporation retains royalty-free,non-exclusive,and irrevocable licenses to obtain,use,reproduce,publish or disseminate products,including data, produced under the grant and to authorize others to do so.The Corporation may distribute such products through a designated clearinghouse. 3. Sharing Grant Products.To the extent practical,the grantee agrees to make products produced under the grant available at the cost of reproduction to others in the field. I. PUBLICATIONS. 1. Acknowledgment of Support.Publications created by members may include an AmeriCorps logo if they are consistent with the purposes of the grant.The grantee is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this grant. "This material is based upon work supported by the Corporation for National and -- Community Service under AmeriCorps Grant No. .Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of,or a position that is endorsed by,the Corporation or the AmeriCorps Program." 2. Materials Provided to Corporation.The grantee is responsible for assuring that two copies of any such material are sent to the Corporation's Office of Public Affairs and Program Office. J. SUSPENSION OR TERMINATION OF GRANT Regulations related to the Corporation's authority to suspend or terminate this grant are contained in 45 C.F.R.§2540.400. In addition, Grantees may suspend or terminate assistance to one of their sub-grantees,provided that such action affords the sub-grantee,at a minimum,the notice and hearing rights described in 45 C.F.R.§2540.400. 31 a , � �orporattme ftu AO Y Civil Rights Non-Harassment Policy Y e iporation for National and Community Service(CNCS)is committed to treating all persons with dignity and r t'regardless of non-merit factors such as race,color,national origin,gender,sexual orientation,religion,age, s l�1ty, political affiliation, marital or parental status, or military service; and free of sexual, racial, ethnic, li tIs_or other harassment. Whether in CNCS offices or campuses,in other work-related settings such as training ss ns or service sites,or at work-related social events,such harassment is unacceptable and will not be tolerated. 1 and other verbal or physical conduct relating to an individual's gender, race, ethnicity, religion or any other constitute harassment when it has the purpose or effect to interfere with work performance or create an dating,hostile,or offensive work environment. Harassment includes,but is not limited to:explicit or implicit for sexual favors; pressure for dates; deliberate touching, leaning over, or cornering,offensive teasing, k emarks,or questions;letters,phone calls,or distribution or display of offensive materials;offensive looks or es �; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; or demeaning, g,and abusive comments or actions that intimidate. sntent may be by persons of the same or different races,sexes,religions,or ethnic origins. it may be carried ut yl,a CNCS employee or supervisor;a project or site employee or supervisor;a non-employee(e.g.,client);a co- o eit,or service member. Conduct directed at another may create an offensive environment for co-workers. e pect CNCS supervisory and management personnel, when made aware of alleged harassment by employees, e participants,or other individuals,to immediately take appropriate action to prevent or end it. CNCS will not of retaliation against a person who raises harassment concerns in good faith. Any employee who violates this yi or asserts a false claim of harassment with a malicious intent will be subject to appropriate discipline,up to f luding termination. CNCS employee, former employee, or applicant for employment who believes that he or she has been s 'minted against in violation of civil rights laws,regulations, or this policy, or in retaliation for opposition to i imination or participation in discrimination complaint proceedings(e.g., as a complainant or witness), should ai his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). Discrimination claims not r t to the attention of OCRI within 45 days of their occurrence may not be accepted in a formal complaint of ation. OCRI may be reached at(202) 606-7503 (voice),(202)565-2799(TDD),eo@cns.gov, or through ationalservice.gov. to ee who experiences or witnesses harassment in the workplace may make a report to Andrew Wasilis' III P Y � i'kP Y lm u►, D'" r,Workforce Relations and Communications. In lion,we encourage everyone to consider our Alternate Dispute Resolution(ADR) Program as an informal w resolve workplace conflicts. Our ADR contractor may be reached at(202) 265-9572, ext. 1328 (voice)or e vc aoLcom. May 25,2005 signature on file Date David Eisner,Chief Executive Officer I � 1201 New York,'Avente 1+I W_ 4� Washgto n,'DC 20525 202-W&5000 r www-nationalservide 0% Senior Corps* Amer!Cbrps Learn and Serve America Thrii deutt CIA co sere: I, MUM, Grant Program Civil Rights Policy The Corporation for National and Community Service (CNCS) is committed to treating all persons with dignity and respect,without regard to non-merit factors such as race,color,national origin,gender,sexual orientation,religion,age,disability,political affiliation,marital or parental status,or military service; and free of sexual, racial, national origin, religious or other 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 and will not be tolerated. Slurs and other verbal or physical conduct relating to an individual's gender, race, ethnicity, religion or any other basis constitute harassment when it has the purpose or effect to interfere with service performance or create 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. Harassment may be by persons of the same or different races, sexes, religions, or ethnic origins. It may be carried out by 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 take appropriate action to prevent or end it. 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 noncompliance 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, and if another procedure is used, it does not affect the 45-day time limit. OCRI may be reached at(202)606-7503(voice),(202)565-2799(TDD),eoAcns.gov,or through www.nationalservice.gov. May 25,2005 signature on file Date David Eisner,Chief Executive Officer 1126J New York Avenue N..W_ * Washington,DC 20 25 202-606-'00 wwwnatioi alservire org Senior Corks* AmeriCorps.* Learn and Serve America The Pre*ws Cato to servim Exhib it F CSC 06-07, Exhibit F Page 1 of 2 REIMBURSEMENT RATES/CONDITIONS REQUIREMENTS/RESOURCES Reimbursement shall not be made for expenses incurred within 50 miles of home or headquarters. MEALS/INCIDENTALS-IN-STATE/OUT OF STATE TRAVEL FOR EACH FULL 24 HOUR PERIOD OF TRAVEL Breakfast—actual expense up to $ 6.00 Lunch—actual expense up to $10.00 Dinner—actual expense up to $18.00 Incidentals —actual expense up to $ 6.00 TIME FRAME REQUIREMENTS FOR CLAIMING MEALS WHILE ON TRAVEL STATUS FIRST DAY OF TRAVEL,TRIP OF 24 HOURS OR MORE: Trip begins at or before 6am: breakfast may be claimed Trip begins at or before I lam: lunch may be claimed Trip begins at or before 5pm: dinner may be claimed CONTINUING AFTER A TRIP OF 24 HOURS Trip ends at or after Sam: breakfast may be claimed Trip ends at or after 2pm: lunch may be claimed Trip ends at or after 7pm: dinner may be claimed FRACTIONAL DAYS OF TRAVEL—TRIP OF LESS THAN 24 HOURS* Trip begins at or before 6am AND ends at or after 9am: breakfast may be claimed Trip begins at or before 4pm AND ends at or after 7pm: dinner may be claimed *No lunch or incidentals on one day trips. Meals claimed on trips of less than 24 hours when there is no overnight stay are taxable. Meals provided by the State or included in hotel expenses or conference fees, or in transportation costs such as airline tickets, or otherwise provided shall not be claimed for reimbursement. Snacks and continental breakfasts, such as rolls,juice and coffee, are not considered to be meals. No meal expense may be claimed or reimbursed more than once in any given 24-hour period. Page 1 of 2 i s CSC 06-07,Exhibit F Page 2 of 2 LODGING REIMBURSEMENT FORT TERM TRAVEL- When overnight lodging expenses are incurred at a commercial 4ging establishment catering to the short term traveler,such as hotel, motel, bed and breakfast, u, lic campground etc. The following short term travel lodging rates are effective March 17, 03. L, L EMPLOYEES Actual lodging expense, supported by a receipt, to a maximum of $84 per night plus tax,EXCEPT AS NOTED BELOW. Receipts include those for public campgrounds. (no receipt- no lodging reimbursement.) In Los Angeles (Central and Western Los Angeles only*) and San Diego counties, actual lodging supported by a receipt,to a maximum of plus lus tax. $ In Alameda,San Francisco, Santa Clara and San Mateo Counties, actual lodging supported by a receipt, to a maximum of$140 plus tax. Central and Western Los Angeles is a designated geographical area within the boundaries of Sunset Boulevard on the North, the Pacific Ocean on the West, Imperial Blvd./Freeway 105 on the South, and Freeways 110, 10, and 101 on the East. This area includes downtown L.A., Inglewood,L.A. International Airport, Playa del Rey, Venice, Santa Monica, Brentwood, West L.A., Westwood Village,Culver City, Beverly Hills, Century City, West Hollywood and Hollywood. ATE SPONSORED CONFERENCE,ETC.: Receipted lodging up to $110 when t nding a state sponsored conference when the lodging is contracted by the State sponsor for til e event, and the State has granted prior approval for attendance and lodging at the contracted t and establishment. N-STATE SPONSORED CONFERENCE, ETC.: Receipted at the lodging while tending a non-state sponsored conference when the lodging is contracted by the sponsor for t ie',,event, and the State has granted prior approval for attendance and lodging at the contracted r and establishment. Page 2 of 2 Exhibit G 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;(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.290dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Tide 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 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. • • Will comply,or has already complied,with the requirements of Titles I1 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.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 Page 1 of 3 i •� , 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-1 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. • 0 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. • a 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. • • 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. CERTIFICATIONS Certification-Debarment,Suspension,and Other Responsibility Matters This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,34 CFR Part 85,Section 85.510,Participants'responsibilities. A. 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 debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency. • Has,within a three-year period preceding this application,been convicted of or had an adverse civil judgment entered in connection with,fraud or other criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction or records,making false statements,or receiving stolen property. • Is presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification,and • Has not,within a three-year period preceding this application,had one or more public transactions(federal,state or local)terminated for cause or default; B. if you are unable to certify to any of the statements in this certification,you must attach an explanation to this application. Certification-Drug-Free Workplace This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,34 CFR Part 85,Subpart F. The regulations require certification by grantees,prior to award,that they will 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 34 CFR Part 85,Section 85.615 and 85.620). 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: Page 2 of 3 s 7 • N A. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing a drug-free awareness program to inform employees about- the dangers of drug abuse in the workplace, • the grantee's policy of maintaining a drug-free workplace. • any available drug counseling,rehabilitation,and employee assistance programs,and • the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); D. Notifying the employee in the statement required by paragraph(A)that,as a condition of employment under the grant,the employee will: • abide by the terms of the statement,and • notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying us within ten days after receiving notice under subparagraph(D)from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions,within 30 days of receiving notice under subparagraph(D),with respect to any employee who is so convicted- Taking appropriate personnel action against such an employee,up to and including termination;or • Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state,or local health,law enforcement,or other appropriate agency; G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A) through(F). 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: • 0 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; • 0 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 subrecipients will certify and disclose accordingly. Certification-Grant Review Process(State Commissions Only) I certify that in conducting our review process,we have ensured compliance with the National and Community Service Act of 1990 as amended,the Corporation's peer review requirements,and all state laws and conflict of interest Page 3 of 3 ATTACHMENT #2 RESOLUTION NO. 2006-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF THE CALIFORNIA AMERICORPS PLANNING GRANT AGREEMENT WHEREAS, the City of Huntington Beach has been awarded a California AmeriCorps Planning Grant by the California Services Corps to develop a plan to form a Huntington Beach Citizens Corp; and The California Service Corps has established the procedures and criteria for the disbursement of grant funds; and The grant agreement requires that cities must provide the State with a copy of a resolution of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach authorizes the person identified as the official representative of the City of Huntington Beach to enter into the grant agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the -1rj day of ju y , 2006. Mayor REVIEWED AND APPROVED: VED AS TO FORM: c C& Adm�Aistrator Yi-tt Attorne�ym'3-✓ INITIATED AND APPROVED: ire Chief 2596 Res. No. 2006-29 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 3rd day of July, 2006 by the following vote: AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: None ABSTAIN: None City Jerk and ex-officioerkthe City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Fire Department SUBJECT: AMERICORPS GRANT COUNCIL MEETING DATE: July 3, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable ❑ (Approved as to form by City Attorney) El Certificates of Insurance (Approved b the City Attorne Attached ( pp y y y� Not Applicable ❑ Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not plicable ❑ Attached El Bonds (If applicable) Not Applicable ❑ Attached ❑ Staff Report (If applicable) Not Applicable ❑ Commission, Board or Committee Report If applicable) Attached ❑ P ( pp ) Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Findin 9 pp Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator Initial ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Morrison/Justen/Olson CALIFORNI ICE CORPS MARIA SHRIVER Honorary Chair ARNOLD SCHWARZENEGGER Governor KAREN BAKER Executive Director MEMORANDUM TO: Glorria Morrison, City of Huntington Beach FROM: Mimi Morris, Chief Financial Officer DATE: 7/12/2006 RE: AmeriCorps Grant Award Contract, Program Year 2006-2007 Enclosed is your copy of the fully executed AmeriCorps Grant Award Contract for Program Year 2006-2007 as awarded by the Corporation for National and Community Service in accordance with your approved application, budget, and objectives. If you have questions or need assistance, please contact my Grants Management Assistant, Jared Amalong at (916) 650-6671. 1 110 K Street, Suite 210 • Sacramento, CA 95814 Tel: 916.323.7646 • Fax: 916.323.3227 • www.csc.co.gov .TAN OFCALIFO MIA AGREEMENT NUMBER MKDAWAGREEMENT PG.06.30 To.213 NEW 02/98) Registration NUMBER Federal EIN LU: 50 J O 1,[LP 95-6000723 1. This Agreement is entered into between the State Agency and the Contractor named below SPATE AGENCYS NAME OPR/Califomia Service Corps (CSC) CONTRACTORS NAME City of Huntington Beach Z. The term of this Agreement is: May 1, 2006 -October 31,2006 The maximum amount $49,249.00 of this Agreement is: E. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A, entitled "CSC Policy & Requirements" Exhibit B, entitled "Terms and Conditions" Exhibit C, entitled "AmeriCorps Title Page/Program Narrative/Performance Measures" Exhibit D, entitled "Budget Form and Budget Narrative" Exhibit E, entitled "AmeriCorps Provisions Dated September 6, 2005" Exhibit F, entitled "Travel Reimbursement Rates/Conditions" Exhibit G, entitled "Certification and Assurances" N WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CALIFORNIA CONTRACTOR Department of General Services use Only DNTRACTORS NAME(If other than an individual,state whether a corporation,partnership,etc. -'ity of Huntington Beach Y(Authorized Si turn) DATE SIGNED > I JulV 6 2006 UNTED NAME AND TITLE OF PERSON SIGNING DDRESS Dave Sullivan, Mayor 2000 Main Street Huntington Beach, CA 92648 STATE OF CALIFORNIA GENCY NAME )PR/California Service Corps f(Authorized Si to DATE SIG VD > ZINTED NAME AND TITLE OF PERSON SIGNING aren Baker, Executive Director, CSC :)DRESS Exempt per AG Opinion ,� ,)a... ,P.OVEu ' T FARM No.80-111 110 K Street,Suite 210,Sacramento,CA 95814 tri E Aftwme III N. V Fit VY DQPutY City Attomey Exhibit A ' I California Service Corps- 2006 AmeriCorps Planning Grant Award Exhibit A I. Consideration The total amount payable to the Contractor (hereafter Subgrantee) under this Agreement shall not exceed $49,249.00. This amount is the total amount of the grant award less .$497.00, the Commission Share of Administrative/Indirect Costs. The consideration paid to Subgrantee shall be in compensation for all of the Subgrantee's expenses, as approved in the budget, attached as Exhibit D. 11. Scope of Work For the purposes of this agreement, the Scope of Work shall be deemed to be the objectives, deliverables, and commitments contained in Exhibit C, "AmeriCorps Title Page/Program Narrative". The grantee may not revise the "Scope of Work"without written approval from the California Service Corps. Extensive changes to the "Scope of Work" require an amendment to this agreement. Ill. California Service Corps Compliance Requirements The Subgrantee will establish Memorandums of Understanding (MOU) with any partner providing the program with cash match to meet the overall matching requirement. These MOU's should establish the roles and responsibilities of each party. Prior to the processing of the contract, the Subgrantee must complete the CNCS Financial Management Survey. The completed form and related attachments should be submitted to the CSC's Fiscal Unit at the address provided in Item 29. Record Keeping and Document Verification The California Service Corps requires that copies of all source documentation for expenses incurred under the terms of the grant be maintained for three years after the submission of the final Financial Status Report (FSR). Revised 5/5/05 Exhibit B i t � a California Service Corps-2006 AmeriCorps Planning Grant Award EXHIBIT B TERMS AND CONDITIONS 1. Approval This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. Amendment No alteration or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. Assignment This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. Right to Monitor, Audit, and Investigate Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896). The Federal Government, State, or a duly authorized representative of the State government shall have the right to undertake investigations in accordance with Section(42 U.S.C. §9908 et seq.), as amended. Page 1 of 16 Revised 51512006 Y It California Service Corps-2006 AmeriCorps Planning Grant Award All agreements entered into by Contractor with audit firms for purposes of conducting independent audits under This Agreement shall contain a clause permitting the State or a duly authorized representative of the State or Federal government access to the working papers of said audit firm(s). 5. Indemnification Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. Resolution of Disputes Contractor shall continue with the responsibilities under This Agreement during any dispute. Should a dispute arise under This Agreement the Contractor may, in addition to any other remedies which may be available, provide written notice of the particulars of such dispute to the Executive Director of CSC, at the address noted in Item 29. Such written notice must contain the grant contract number. Within twenty days of receipt of such notice the State shall advise the Contractor of its findings and recommend a means of resolving the dispute. 7. Termination for Cause The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. Either the Contractor or the State may terminate This Agreement at any time prior to its date of expiration upon thirty (30) calendar days' notice. Such notice Page 2 of 16 Revised 51512006 i California Service Corps-2006 AmeriCorps Planning Grant Award shall be submitted in writing, stating the reason for termination and the effective date thereof. 8. Independent Capacity Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. Non-Discrimination Clause During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person, including a service recipient, AmeriCorps member, program staff, or applicant for these positions because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 10. Time Time is of the essence in This Agreement. Page 3 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award 11. Compensation The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 12. Governing Law This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 13. Child Support Compliance Act "For any Agreement in excess of$100,000, the contractor acknowledges in accordance with, that: a).The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including,but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b)The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 14. Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. 15. Union Activities For all contracts, except fixed price contracts of $50,000 or less, the Contractor acknowledges that: Page 4 of 16 Revised 51512006 California Service Corps- 2006 AmeriCorps Planning Grant Award By signing this agreement Contractor hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement and agrees to the following: a) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. b) No state funds received under this agreement will be used to assist, promote or deter union organizing. c) Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. d) if Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. 16. Americans With Disabilities Act Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Full inclusion and participation of persons with disabilities is fundamental to the mission of AmeriCorps. The Contractor shall identify a staff representative as the Disability Specialist/Point Person who will be responsible for general issues associated with the ADA, AmeriCorps requirements pertaining to the ADA and represent the AmeriCorps program at CSC'S sponsored disability trainings. 17. Contractor's Name Change An amendment is required to change the Contractor's name as listed on This Agreement. Upon receipt of legal documentation of the name change the State Page 5 of 16 Revised 51512006 1 California Service Corps-2006 AmeriCorps Planning Grant Award will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 18. Resolution A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion,or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. A non-profit organization must provide the State with a copy of a resolution, order, motion,or ordinance of the governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 19. Payee Data Record Form (Std. 204) This form must be completed by all contractors. 20. Payments In consideration of the services specified in the "Scope of Work" (paragraph 3 of Exhibit A), the California Service Corps will reimburse the contractor for approved, budgeted expenditures that have already been incurred. The contractor may not request funds for expenses that have not yet been paid. The Contractor may submit invoices for reimbursement of expenses on a monthly basis, according to the budget categories in "Exhibit D, Budget". Quarterly invoicing is allowed, but programs must submit a separate Periodic Expense Report (PER) for each month included in the invoice to facilitate monthly expenditure tracking. The contractor must utilize the CSC Invoice Form and the Periodic Expense Report (PER) generated in WBRS (Wed-Based Reporting System) to request reimbursements. Invoices shall be submitted on the contractor's letterhead, in triplicate, with at least one original signature, to the address given for the State in Item 29. CSC staff review invoices and PER's to ensure that spending is consistent with the approved budget categories in "Exhibit D, Budget", and that the match is being generated in the amounts required by the contract. Budget revisions, if necessary, must be approved by the state. All claimed expenses must be grant- Page 6 of 16 Revised 5/5/2006 California Service Corps-2006 AmeriCorps Planning Grant Award related (as specified in the "Scope of Work", paragraph 3 of Exhibit A), and must be incurred during the grant award period as specified on the face sheet of this agreement. CSC reserves the right to make the final determination on whether an expense is allowable and necessary. In no event shall the maximum amount payable under This Agreement exceed the amount specified in paragraph I of Exhibit A of This Agreement. The contractor is prohibited from billing other federal, state, or local agencies for goods and/or services which have been billed and/or reimbursed to the contractor by the CSC. Assuminga full executed contract is in lace the contractor may expect to Y place, Y P receive payment within 30 days from the date the invoice is received at the CSC. Incomplete or incorrectly prepared invoices, including those with insufficient match, will be returned to the contractor for correction, resulting in delayed receipt of funds. In order to meet the financial reporting timeline outlined in this Exhibit, Clause #32, "Reporting Timeline" (Financial Status Reports), the contractor must keep current with monthly billings. Accordingly, CSC requires that the contractor submit their Reimbursement Request no later than the 25th day of the month following the month in which the expenses are incurred. The only exception for this deadline is for the final billing, where submission within 60 days of the end date of this agreement is allowed. In accordance with GC Section 16645.2: a) The recipient of a grant of state funds, including state funds disbursed as a grant by a public agency, shall not use the funds to assist, promote, or deter union organizing. b) For purposes of this section, each recipient of a grant of state funds shall account for those funds as follows: (1)State funds designated by the grantor for use for a specific expenditure of the recipient shall be accounted for as allocated to that expenditure. (2) State funds that are not designated as described in paragraph (1) shall be allocated on a pro rata basis to all expenditures by the, recipient that support the program for which the grant is made. Page 7 of 16 Revised 51512006 r t, California Service Corps-2006 AmeriCorps Planning Grant Award c) The grant recipient(Contractor) shall include on every invoice a certification to the state that none of the state funds will be used to assist, promote, or deter union organizing during the life of the contract, including any extensions or renewals thereof. Any recipient that makes expenditures to assist, promote, or deter union organizing shall maintain records sufficient to show that state funds have not been used for those expenditures. The grant recipient shall provide those records to the Attorney General upon request. d) A grant recipient is liable to the state for the amount of any funds expended in violation of subdivision (a) plus a civil penalty equal to twice the amount of those funds. All travel costs shall be reimbursed at rates not to exceed those approved for travel by state employees by the State Department of Personnel Administration as defined in Exhibit F. Any out-of-state travel must be approved in writing in advance by the State. 21. Subgrants/Subcontracts Contractor may enter into subcontracts, if included in the approved budget, to carry out the provisions of This Agreement. Should Contractor enter into a subcontract, Contractor shall: A. Remain liable for the performance of the terms and conditions of This Agreement. B. Assure that subcontractors comply with the requirements set forth under (42 U.S.C. §9901 et seq.), as amended. C. Provide to the State, within 60 days of contract execution, the subcontractor's name, address, telephone number, contact person, contract amount, and program description of each subcontract to This Agreement. D. Require that subcontractors make all documents, papers, and records relevant to the work performed available to the State and/or Federal Granting Agency or their duly authorized representative for examination, Page 8 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award copying, or mechanical reproduction on or off the premises of the Contractor or subcontractor upon request during usual working hours. E. Place in each of its subcontracts a provision that: "The contracting parties shall be subject to the examination and audit of the State Auditor General for a period of three years after final payment under This Agreement." F. Notify the State in writing within thirty days if any subcontract under This Agreement is suspended or terminated. Additionally, in such notice Contractor shall identify how the suspension or termination will impact the Contractor's budget and scope of work. G. Provide written notice to each subcontractor within five days from the date this Agreement is terminated or the date the State suspends This Agreement. H. Request of each subcontractor the certification required regarding Debarment and Suspension as stated in the AmeriCorps application, Certifications and Assurances, contained in Exhibit G. 22. Compliance with Rules,Regulations, and Procedures Activities of Contractor with respect to This Agreement shall be conducted in accordance with pertinent Federal and State rules and regulations, including relevant Office of Management and Budget (OMB) circulars, and amendments thereto, and the AmeriCorps Provisions attached as Exhibit E. The Contractor has full fiscal and programmatic responsibility for managing all aspects of the contract and contract-supported activities, subject to the oversight of the CSC. The Contractor is accountable to CSC for its operation of the AmeriCorps program and the use of federal funds. The Contractor shall notify the appropriate CSC representative immediately of any developments or delays that have a significant impact on funded activities, any significant problems relating to the administrative or financial aspects of the grant, or any suspected misconduct or malfeasance related to the contract or Contractor. The Contractor will inform CSC of any corrective action taken or contemplated while performing the activities under this agreement. The Contractor must notify CSC and the Office of the Inspector General immediately of losses of federal funds or goods/services supported with federal funds, or when information discovered by someone at the program indicates that there has Page 9 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award been waste, fraud or abuse, or any violation of criminal law at the program or at the sub-recipient. 23. Provisions for Federally Funded Contracts It is mutually understood between the parties that This Agreement may have been written before ascertaining the availability of Congressional appropriation of funds and/or member positions, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if This Agreement were executed after that determination was made. This Agreement is valid and enforceable only if the United States Government makes sufficient funds and/or AmeriCorps member positions available to the State for the purposes of this program. In addition, This Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms, or funding of This Agreement in any manner. It is mutually agreed that if the Congress does not appropriate sufficient funds and/or AmeriCorps member positions and if this reduces the amount of funds and/or AmeriCorps member positions available for this Program, This Agreement shall be amended to reflect such reduction. The State has the option to void This Agreement under the thirty-day (30) cancellation clause or to amend This Agreement to reflect any reduction of funds and/or AmeriCorps member positions. 24. National Labor Relations Board Certification Contractor hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court, by a Federal Court, has been issued against Contractor within the immediately-preceding two-year period because of Contractor's failure to comply with an order of a Federal Court which orders compliance with an order of the National Labor Relations Board. 25. Property Purchased with State or Federal Funds Contractor assures that all supplies,materials, equipment or services purchased with funds provided by This Agreement shall be used solely for the activities allowed under This Agreement. All equipment, materials, supplies or property Page 10 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award of any kind purchased from funds advanced, reimbursed or furnished by the State under the terms of This Agreement and not fully consumed in the performance of This Agreement shall be the property of the State and shall be subject to the State's administrative policies regarding disposition of equipment. Contractor assures that it shall exercise due care in the use, maintenance, protection and preservation of State owned property in Contractor's possession or any other property purchased by Contractor with State or Federal funds provided hereunder. Contractor shall obtain prior written approval for the purchase or lease of equipment with either an acquisition cost of $5,000 or a useful life of one or more years, unless such intent is listed and defined in Exhibit D "Budget" of This Agreement. However, prior written approval for the purchase or lease of vehicles and trailers must be obtained from the State in each instance. 26. Assurances and Certifications Contractor assures that it shall be in compliance with Federal and State Occupational Safety and Health Statutes, the California Safe Drinking Water and Toxic Enforcement Act of 1986. Under the State laws, the Contractor shall not be: i) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; ii) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or iii) finally determined to be in violation of provisions of federal law relating to air or water pollution. Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of This Agreement. (Labor Code Section 3700) Page 11 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award 27. Conflict of Interest Contractor certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions or responsibilities in connection with This Agreement shall have any personal financial interest or benefit which either directly or indirectly arise from This Agreement. Contractor shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in private gain, or gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family,business, or other ties. Contractor needs to be aware of the following provisions regarding current or former state employees. if Contractor has any questions on the status of any person rendering services or involved with This Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): A. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. B. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): A. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. Page 12 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award B. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render This Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 29. Address for the State All notices, correspondence, and fiscal and programmatic reports submitted by Contractor to the State pursuant to the terms of This Agreement shall be made by deposit in the U.S. Mail, first class, postage prepaid, and addressed as follows: California Service Corps 1110 K Street,Suite 210 Sacramento, CA 95814 All notices shall be deemed effective upon receipt by the State. 30. Audit Reports Funds provided under This Agreement shall be included in an audit conducted in accordance with the provisions of OMB Circular A-133 for agencies, standards promulgated by the American Institute of Certified Public Accountants (AICPA), and those standards included in Government Auditing Standards, 2003 Revision. A. Private, non-profit contractors shall submit to the State one (1) copy of the required audit report within nine months of the end of the Contractor's fiscal year. The audit reports are to be submitted to the following address: Page 13 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award California Service Corps Attention: Fiscal Unit 1110 K Street, Suite 210 Sacramento, CA 95814 B. Local governmental entities shall submit to the State one (1) copy of the required audit report within thirty (30) calendar days after the completion of the audit, but no later than one year after the end of the audit period. The audit reports are to be submitted to the address stated above. Local governmental agencies shall submit the required number of copies of the audit report in accordance with the guidelines set by the Division of Audits of the State Controller's Office. Said reports are to be submitted to the following address: State Controller Division of Audits 300 Capitol Mall, Fifth Floor Sacramento, CA 95814 Where services or funds under This Agreement are provided to, for, or by, a wholly owned, or wholly-controlled, subsidiary of Contractor, Contractor hereby provides assurance that an audit shall be performed of this subsidiary organization in accordance with this paragraph. Said required audit report shall be made available to the State. 31. Rights on Data The State and the Corporation reserve the right to use and reproduce all reports, data produced and delivered and any other copyrightable material produced pursuant to This Agreement and reserves the right to authorize others to use or reproduce such materials. 32. Reporting Requirement Financial Status Reports Contractor must submit accurate monthly expense reports (PERs or Periodic Expense Reports) and quarterly FSRs (Financial Status Reports). FSRs must be submitted and approved within twenty five days of the end of each fiscal Page 14 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award quarter starting with the quarter ending 06/30/06. FSRs are due by 7125/06 and 10/25/06. The final FSR is due on 10/25/06. 33. Media Communications All AmeriCorps programs are required to identify a press contact person and to email the name and email address of the press contact person to CSC. Please include your contract number when you send in your information. The Contractors AmeriCorps program is part of a multitude of related, statewide programs that are administered by the California Service Corps and sponsored by the Corporation for National and Community Service. In order to identify the contractor's program as part of the AmeriCorps National Service Network and the statewide CSC effort, all press releases or press interviews must: a) Identify any service events as an AmeriCorps Program administered by the California Service Corps and sponsored by the Corporation for National and Community Service. b) Include the AmeriCorps and CSC names and logos on all printed materials, including,but not limited to, recruitment brochures, orientation materials, curriculum, signs,banners, press releases, and publications. Both camera-ready logos are provided. c) Include the phrase, "Administered by the California Service Corps (CSC) and sponsored by the Corporation for National and Community Service (CNCS)," in all printed materials, spelling out the complete name followed by the acronym in parenthesis on the first usage of the term in all documents. For example, on the introduction of the term write: "the California Service Corps (CSC)." The acronym alone should then be used throughout the rest of the text. d) Provide to the CSC's Communications Director two copies of all media communications materials supported by the grant. e) Include the following acknowledgment and disclaimer in any external report or publication of material based upon work supported by this Grant: "This material is based upon work supported by the Corporation for National and Community Service and the California Service Corps under AmeriCorps Grant No. . Opinions or points of view Page 15 of 16 Revised 51512006 California Service Corps-2006 AmeriCorps Planning Grant Award expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, the Corporation, CSC, or the AmeriCorps Program." 34. DEFINITIONS AmeriCorps*USA or AmeriCorps: means the national service programs funded under 42 U.S.C. sections 12571-12595 (Division C programs). Contractor/Grantee/Subgrantee: for the purposes of This Agreement means the direct recipient of Federal Funds granted by the State through this grant award. The terms and conditions of this grant award legally bind the Contractor. Federal Government: means the Corporation for National and Community Service or any other entity authorized by the Federal Government to administer the Federal Governments' national service grant program and to perform such other duties prescribed by law. State: means the California Service Corps or any other entity authorized by the State of California to administer the State's national service plan and national service grant program and to perform such other duties prescribed by law. Page 16 of 16 Revised 51512006 Exhibit C DRAFT PART i - FACE SHEET APPLICATION FOR FEDERAL ASSISTANCE 1.TYPE OF SUBMISSION: Non-Construction 2a.DATE SUBMITTED TO CORPORATION 13.DATE RECEIVED BY STATE: STATE APPLICATION IDENTIFIER: FOR NATIONAL AND COMMUNITY SERVICE(CNCS): 2b.APPLICATION ID: 4.DATE RECEIVED: GRANT NUMBER. 05AC065789 5.APPLICATION INFORMATION LEGAL NAME: City ofiiuntington Beach NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION(give DUNS NUMBER: 07-814-3948 area codes): ADDRESS(give street address,city,state and aP code): NAME: Glotria Monson 2000 Main St TELEPHONE NUMBER:(714)536-5980 Huntington Beach CA 92648 FAX NUMBER: (714)374-1591 INTERNET E-MAIL ADDRESS:gnnrtison@surEity-hb.org 6.EMPLOYER IDENTIFICATION NUMBER(EIAP: 7.TYPE OF APPLICANT: 956000723 7a. Local Government-Municipal 7b• Local Governtrent,Municipal 8.TYPE OF APPLICATION: lxl NEW CONTINUATION L—J REVISION If Revision,enter appropriate letter(s)in box(es): A.Increase Award B.Decrease Award C. Increase Duration D.Decrease Duration 9.NAME OF FEDERAL AGENCY: Corporation for National and Community Service 10a.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 94.006 11.DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 10b.TITLE: AmeriCorps'State HS Citizen Corps/AmeriCorps Program 12.AREAS AFFECTED BY PROJECT(List Cities,Counties,States,etc): N/A 13.PROPOSED PROJECT:START DATE: 05/01/06 END DATE: 10/31/06 14.PERFORMANCE PERIOD: START DATE: END DATE: 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE a.FEDERAL $ 49,760.00 ORDER 12372 PROCESS? YES,THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE b.APPLICANT $ 34,275.00 TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c.STATE $ 0.00 DATE: d.LOCAL $ 0.00 e.OTHER $ 0.00 f.PROGRAM INCOME $ 0.00 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL $ 84,035.00 a YES if"Yes,'attach an explanation. ® NO 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.TYPED NAME OF AUTHORIZED REPRESENTATIVE: b.TITLE: c.TELEPHONE NUMBER: d.DATE: DRAFT Narratives Executive Summary EXECUTIVE SUMMARY The City of Huntington Beach is vulnerable to numerous significant disasters including earthquake and liquefaction, flood, tornadoes, tsunami, dam failure,hazardous materials incidents,terrorism, civil unrest, fire, oil spills and marine accidents. The Planning Grant will be used to establish a Citizen Corps to expand local emergency preparedness and response training in the most vulnerable and least prepared sectors of the community. In forming the Citizen Corps Board,the planning process will be used to identify and recruit qualified partners for an operating AmeriCorps program. The Citizen Corps will consist of a wide variety of existing organizations in the community, creating a conduit to reach and plan and train for disaster response in Spanish-speaking,Vietnamese,the frail and elderly, and other special needs groups. These organizations will include representatives from the Interfaith Council and churches, Community Based Organizations, fraternal societies, school districts, hospitals and clinics, environmental groups, PTAs, food banks, HB Volunteer Coordinating Council, Golden West College and patrons,Volunteers of Greater OC, and business groups as well as volunteer organizations such as Red Cross,CERT, RACES,VIPS, RSVP,Neighborhood Watch, HB SAR Explorer Post, COAST,and the Salvation Army. City employees will be trained to serve as safety officers. The concept has the support and promised participation of city, county, state and congressional representatives. Under the auspices of the City Emergency Management and Homeland Security Office and with the oversight, direction and participation of the Emergency Services Coordinator, a dedicated Project Manager will be contracted to draft and execute a formal plan to execute the proposed AmeriCorps planning process. The Project Manager will conduct the planning process activities. Major job functions will include identifying and recruiting partners, establishing a coordinating board of partner participants and city Page 2/ 1 1 DRAFT Narratives council members,drafting partner agreements, meeting individually with partners to cooperatively determine needs and capabilities,finalizing draft agreements, completing planning project products, attending AmeriCorps training, and observing existing AmeriCorps program sites. The long-term plan will be phased in by sector in six-month increments.The City Emergency Management and Homeland Security Office will be the managing arm and CERT/RACES will serve as the training arm, conducting training and management of volunteers and AmeriCorps Members. This will make for an ideal operating AmeriCorps program in community emergency preparedness. Recognizing that this need exists in other communities, Huntington Beach will couple the extensive past experience of its award-winning CERT Emergency Preparedness Program with the results from this process to create a turnkey program and make it available as a model for other communities. Huntington Beach will share plans and materials and conduct training seminars for representatives from other communities who wish to design and establish a similar program. This is Partnership in Training at its best! Summary of Accomplishments N/A Rationale and Approach PROGRAM NARRATIVE PROGRAM CONCEPT OBJECTIVES Increase public awareness; educate and train unaddressed sectors of the community on emergency preparedness, disaster and terrorism mitigation, response, relief, and recovery by coordinating efforts through a council composed of leaders from existing community organizations. Use the AmeriCorps Member Program to implement the plan to reach the least prepared community sectors and to recruit and expand the network of trained volunteer responders. INTRODUCTION Page 3�[� DRAFT Narratives Recent events in the Gulf Coast confirm that, in the days following a major disaster, initial response capabilities will be overwhelmed by demand. City and community personnel who deployed to assist in the response and recovery efforts after Hurricanes Katrina and Rita reported that churches and community-based organizations were the most effective foundation of immediate support for affected victims. Those communities that were prepared with a well-conceived, realistic plan, that had identified hazards and vulnerable sectors of the community and had trained volunteer responders were better able to respond and offer relief and recovery support to the victims. The objective of this program is to involve existing private and public community entities as conduits to reach all citizens and businesses to engage in public awareness,education and preparedness. Huntington Beach has a population of 200,000. However,during any summer weekend, holiday or special event,the population can double to over 400,000. The City is vulnerable to numerous threats that could overwhelm public safety personnel response and relief. THREATS The City has activated its Emergency Operations Center(EOC) in twelve out of the past fifteen years for emergency incidents. The City is one of thirty-six cities in California on FEMAs Repetitive Damage list. Disasters are not rare in Huntington Beach. Earthquake and Liquefaction: The city sits directly on the Newport-Inglewood Fault zone,capable of producing a 7-0-magnitude earthquake. The probability of the San Andreas Fault producing a damage-causing quake increases each year. Many HB homes are built in liquefaction zones and depleted oil fields. Earthquakes on either fault or anywhere else in the region could cause catastrophic damage resulting in thousands of deaths and injuries, collapsed buildings,trapped victims, fires, and loss of housing, schools and businesses. Flooding: The city experiences major flooding approximately every other year. The mouth of the Santa Ana River lies in the southern portion of the Jcity. it has been called the"greatest flood threat Page 4 J !� r DRAFT Narratives west of the Mississippi,"and carries flows from the Seven Oaks and Prado Dams and the watershed from inland San Bernadino, Riverside and Orange Counties. In the 1983 and 1997/98 El Nino years these flows flooded several areas of the city and required the evacuation of thousands of residents. In the north, HB sits at the terminus of the Wintersburg watershed in a flood plain.The earthen levee of the EGG-Wintersburg channel is classified as severely sub-standard. Repairs and improvements to fissures that are eroded and patched with sandbags aren't scheduled for several years. A storm surge at high tide during an El Nino year could swamp homes. The Army Corps study shows that 150,000 HB residents would have to evacuated in the event of a Prado Dam structural failure. Many homes sit below sea level. Waterspouts/Tornadoes: Huntington Beach has experience two severe damage-causing tornadoes (1978 and 1991), numerous waterspouts,and a hurricane(in 1939)• Tsunami: As a coastal city with 8.5 miles of coastline, a tsunami produced by an undersea slump directly off the coastline or a strong quake in the Pacific has the potential to impact 59,00o residents and up to 200,00o beach visitors(worst case scenario). The city has documented 7.9-million visitors to our beach annually. Terrorism and Civil Disturbance: Large events on the beach such as the OP Surf Championship and 4th of July fireworks draw 200,000 visitors on the beach. Riots requiring mutual aid have taken place on the beach during holiday festivities on four different occasions. Marine Oil Spill: In 19go, HB was the site of the largest marine oil spill in the continental U.S., affecting our beaches, waterways,wildlife and environment. Other: Sixty-five(65) businesses in the City are ranked as HIGH Hazardous Materials threats,having either large quantities or specific dangerous chemicals on-site. A highly populated residential and industrial areas of the city shares 4 miles of a common border with the Seal Beach Naval Weapons Station. The city lies in the direct flight path of the Long Beach Airport. Fire, ruptured oil-pumps and pipelines,and workplace violence round out the top threats list. Page 5 (� DRAFT Narratives EXISTING CERT PROGRAM The City formed the CERT program in 1991 after recognizing that response to a damaging tornado in only one of the 126 residential districts had required the majority of its first responders and that in a major or widespread disaster, response capabilities would be inadequate. Over the last fifteen years,the city has built an award-winning CERT program with a history of success in public education. The program received a CA Emergency Services Award. Glorria Morrison,the HB Emergency Services Coordinator has extensive experience over the last fifteen years in volunteer management. Programs she has developed and implemented have resulted in the training of over 200o residents. She is currently teaching Emergency Management and Planning classes to Masters in Public Administration candidates at CSU Long Beach. These students are a potential pool for recruitment of AmeriCorps Members for the program. To date the program has focused on neighborhood teams. But many gaps exist. While a formal needs assessment has not been performed, it has been recognized that participation from many vulnerable groups is low. These include non-English-proficient residents,seniors, the frail and elderly. HB has large Spanish-speaking and Vietnamese communities. The 2000 census showed 21.9%of the HB population does not speak English at home. The next logical step is to maximize past investments in the current program and replicate the successes of the existing organization. By collaborating with other organizations serving the community in various capacities, HB will form a Citizen Corps Board. It will use these contacts as a conduit to reach and address the special needs of at-risk elements in the community. It will target neighborhoods, especially those with Spanish-speaking and Vietnamese populations, CBOs, schools, seniors,the frail and elderly, hospitals and medical clinics,and businesses. The Citizen Corps will consist of groups such as the Interfaith Council and churches, HBPD: RSVP, VIPS, Neighborhood Watch, and HBFD: CERT, RACES, S&R,Scouts, Key Club,Volunteer Coordinating Council, food banks, mental health facilities,fraternal organizations, Kiwanis, Rotary Page 6 / ('� DRAFT Narratives volunteer managers. The CERT Speakers Team gives talks by request on disaster preparedness and CERT. Those that volunteer in specific teams specialties,such as First Aid,Shelter and Disaster Mental Health, Communications,or Pet Care have been trained in the specific activities of those teams and in turn plan classes and conduct training for new community participants. A volunteer may serve on a clerical team or perform computer-related tasks. Last fall,many volunteers helped to distribute 77,000 disaster preparedness packets stuffed and distributed by the volunteers to every doorstep in Huntington Beach. Additional volunteers are needed in targeted populations, such as serving the insular Mexican and Vietnamese communities. Churches and the Interfaith Council can utilize the program to develop teams to support their members during a disaster situation. The environmental community needs to be trained on the National Incident Management System so that they can be an effective resource utilized in a disaster response. Business needs to be evaluated as a targeted segment. PLANNING PROCESS 2oo6 Project Timeline May 1-31: Identify potential Citizen Corps Board partners with specialized focuses: Begin contact, present proposal, solicit input to plan; Review Sample Forms/Plans; Compile community needs- related information and continue refining throughout planning process. Mid-May: Attend Planning Grantee Training (i day) June through July: Meet with potential partners to recruit participation,define organizational capabilities and needs. Draft Outline of Member Plan. Mid-June: Attend New AmeriCorps Program Training (1 Day) End of June: Write Draft Partnership Form; Write Draft Financing Plan Mid-July: Attend AmeriCorps Summer Institute(3 days) July 31 : Amend Draft documents. August: Meet with partners to review Draft Partnership forms, define individual partners participation Page 8 1 1) DRAFT Narratives in program and outline ideas for Member activities and terms of service. Draft Performance Measurement and Evaluation Plans. Draft Volunteer Management Plan. September 1: Form Citizen Corps Council Board. September 15: Finalize Draft Partnership form. Finalize Draft Financing Plan. Finalize Draft AmeriCorps Member Plan. Finalize Draft Volunteer Management Plan. Finalize Draft Performance Measurement and Evaluation Plans October: Hold first Citizen Corps Council Board Meeting; Complete Final Reports. May through October Assess partners for CLASP formation: As appropriate partners are identified during the planning process,gauge interest,present opportunity and options, determine the organizational capacity to participate,gain agreement and commitment. Visit and observe existing AmeriCorps programs. Attend technical assistance and additional training sessions as scheduled. ROLES OF STAFF Emergency Services Coordinator: Responsible for concept development; Oversee project process; Contract Project Manager; Manage Project Manager, Review objectives and performance against goals; Participate in partnership outreach;Assist in identifying and recruiting partners; Responsible for formal Board and CLASP formation; Promote concept with City management, personnel and in the community; Liaise with City management and departments; Meet with CSC Coordinator; Attend AmeriCorps Training and Technical Assistance Meetings as appropriate;Visit and observe existing Americorps operating sites. Project Manager: Identify,contact, and recruit potential partners; Conduct Community Needs Assessment; Meet with interested participants, determine desired level of participation, needs, and staffing capabilities; define use of Members; Write initial Drafts and final Drafts of Planning Products; Create presentations and collateral materials of proposed programs; Arrange and attend meetings with individual participants and group meetings; Assist in formation of Board and CLASP; Establish website and email lists; Meet with CSC Coordinator and participate in Technical Assistance sessions; Page 9 1 U DRAFT Narratives Attend all AmeriCorps Training; Visit and observe existing AmeriCorps operating sites; Supervise Project Administrative and Clerical Staff. Administrative and Clerical Assistant(s): Support and track project activities; Prepare and distribute flyers,communications, and collateral materials; Format and copy agreements; Track and maintain files of executed agreements; Assist Project Manager in arranging meetings, contacting attendees, and meeting set-up; Provide general clerical support. PARTNERSHIP CURRENT PARTNERSHIP The City Fire Department currently sponsors the Huntington Beach CERT program. This is an existing collaboration between the Emergency Management and Homeland Security Program and a core group of long-term and episodic volunteers trained in emergency preparedness and experienced in planning and conducting training. The CERT program will be incorporated into the proposed Citizen Corps and will execute many of the leadership activities of the proposed AmeriCorps program. PARTNER DEVELOPMENT The focus of this planning program is to create effective partnerships. These partnerships will then serve as the conduits to educate on disaster preparedness and recruit volunteers from population segments in the community that have not been reached by previous efforts. The partners will be included in the Citizen Corps and AmeriCorps program. They will be identified and contacted by phone and mail to introduce the need and concept and recruit their active participation. The number of program participants could expand on an as-desired basis. Follow up communications will be sent. Individual meetings will be held on an as-needed basis, group meetings will be scheduled at least quarterly. A website will be developed and utilized and email will be used to efficiently disseminate information and updates. ORGANIZATIONAL CAPACITY The City of Huntington Beach Emergency Management and Homeland Security Program is the legal Page 10 DRAFT Narratives applicant and has the experience and capacity to administer federal funds. It is capable of administering an AmeriCorps operating grant. It is not a partner in an existing AmeriCorps program. BUDGET/COST EFFECTIVENESS The proposed budget is adequate to support the personnel and projects in the proposed planning grant process. Lack of funding for personnel and supporting equipment has been the major constraint for expanding existing programs in the past. All of the funding, time and effort expended in this planning process would support program expansion to serve unmet community needs. The city will contribute management personnel with extensive experience in emergency preparedness,planning,volunteer recruitment, involvement and retention, and training capabilities to oversee the process,in partnership with an established and committed core of volunteers. Member Outputs and Outcomes N/A Community Outputs and Outcomes N/A Organizational Capability N/A Cost Effectiveness and Budget Adequacy N/A Amendment Justification N/A Page 11 (; DRAFT Performance Measures Service Categories Temporary SC for Challange Grant Primary Primary ❑x Secondary ❑ c Service Category: Temporary SC for Challange Grant Primary Measure Category: Needs and Service Activities �-ecs Briefly describe the need to be addressed(Max.4,000 characters) N/A Briefly describe how you will achieve this result(Max 4,000 chars.) N/A Activity Start DateD1 Mav 2006 Number of Members:0 Activity End Date:31 October 2006 Hours per Day (on average)D Days per Week (on average)() Result: Output N/A Indicator: N/A Target: N/A Target Value: 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Result: Intermediate Outcome N/A Indicator: N/A Target: N/A Target Value: 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Result: End Outcome N/A Indicator: N/A Target: N/A Target Value: 0 Instruments:N/A PM Statement: N/A Prev. Yrs. DataN/A Page 12 113 DRAFT Required Documents Document Name Status Audit Not Applicable Evaluation Not Applicable Page 13 3 Exhibit D R � RPT BGT 424 June 14,2006 6:21 PM HB Citizen Corps/AmeriCorps Program City of Huntington Beach Application ID:05AC065789 Budget Dates: Total Amt CNCS Share Grantee Share Section 1.Program Operating Costs A.Personnel Expenses 53,611 40,318 13,293 B.Personnel Fringe Benefits 5,950 1,365 4,585 C.Travel Staff Travel 1,020 1,020 0 Member Travel Total $1,020 $1,020 $0 D.Equipment E Supplies 2,578 2,578 0 F.Contractual and Consultant Services G.Training Staff Training Member Training Total $0 $0 $0 H.Evaluation L Other Program Operating Costs 2,000 2,000 0 Travel to CNCS-Sponsored Meetings 0 0 0 Total $2,000 $2,000 $0 Section 1.Subtotal $65,159 $47,281 $17,878 Section 1 Percentage 73% 27% Section U.Member Costs A.Living Allowance Full Time(1700 firs) 0 0 0 1-Year Half Time(900 hours) 0 0 0 Reduced Half Time(675 hrs) 0 0 0 Quarter Time(450 hrs) 0 0 0 Nininwm Time(300 hrs) 0 0 0 2-Year Half Time(2nd Year) 0 0 0 2-Year Half Time(1st Year) 0 0 0 Total $0 $0 $0 B.Member Support Costs FICA for Members 0 0 0 Worker's Compensation 0 0 0 Health Care 0 0 0 Total $0 $0 $0 Section U.Subtotal $0 $0 $0 Section U.Percentages 0% 0% Section Ill.Administrative/indirect Costs A.Corporation Fixed Percentage Corporation Fixed Amount 8,435 1,968 6,467 Commission Fixed Amount 497 497 0 Total $8,932 $2,465 $6,467 8.Federally Approved Indirect Cost Rate Section Ill.Subtotal $8,932 $2,465 $6,467 Section III Percentage 28% 72% Section I+Ill.Funding Percentages 67% 33% Budget Totals $74A91 $49,746 $24,345 Budget Total Percentage 67% 33% Required Match 0% #of years Receiving CNCS Funds 1 Form 424A Modified SF-424A(4/88 and 12/97) Page 1 Budget Narrative for 05AC065789 Page 1 of 4 Budget Narrative: HB Citizen Corps/AmeriCorps Program for City of Huntington Beach Section 1. Program Operating Costs A. Personnel Expenses Position/Title-Qty-Annual Salary%Time CNCS Share Grantee Share Total Amount Emergency Services Coordinator:-1 person(s)at 80536 each x 11.54% 0 9,294 9294 usage Project Manager(ind PT,WC,Vac,Hol,Sick)and Contracting Agency Fee of $200/biwkly pay period for 20 weeks):-1 person(s)at 28993 each x 100% 28,993 0 28,993 usage Assistant Project Manager(Includes Contracting Agency Fee of$200/biwkly 11,325 0 11,325 payperiod for 20 wks):-1 person(s)at 11325 each x 100%usage Program Planning Volunteers:-1 person(s)at 3999 each x 100%usage fl 3,999 3,999 CATEGORY Totals 40,318 13,293 53,611 B. Personnel Fringe Benefits Purpose-Calculation-Total Amount CNCS Share Grantee Share Total Amount Emer Svcs Coor Benefits:Ins,Vac,Hol,Ret:($39738)(11.538%) 0 4,585 4,585 Project Manager Ins:(26993)(5.0568%) 1,365 0 1,365 CATEGORY Totals 1,365 4,585 5,950 C. Travel Staff Travel Purpose-Calculation CNCS Share Grantee Share Total Amount Mileage including Planning Grantee Training:3000 miles at$0.34 per mile 1,020 0 1,020 CATEGORY Totals 1,020 0 1,020 Member Travel Purpose-Calculation CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 :01 D. Equipment Item/Purpose-Qty-Unit Cost CNCS Share Grantee Share Total Amount https://egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 2 of 4 CATEGORY Totals 0 0 0 E. Supplies Item-Calculation CNCS Share Grantee Share Total Amount Office Supplies:644.50 x 4 months 2,578 0 2,578 CATEGORY Totals 2,578 0 2,578 F. Contractual and Consultant Services Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 G. Training Staff Training Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 Member Training Purpose-Calculation-Daily Rate CNCS Share Grantee Share][:T:otaI:A:m:ount CATEGORY Totals 0 0 0 H. Evaluation Purpose-Calculation-Daily Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 1. Other Program Operating Costs Purpose-Calculation CNCS Share Grantee Share Total Amount Travel to CNCS-Sponsored Meetings: 0 0 0 July 3 day United in Service Conference-staff each:($600 hotel+$300 reg+ (3)$100 per diem)per staff member,valance for other CSC/AmeriCorps 2,000 0 2,000 training/required visit events CATEGORY Totals 2,000 000 10 = SECTION Totals11 47,281 17,87811 65,15g https:Hegrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 3 of 4 PERCENTAGE 73% 27% Section ll. Member Costs A. Living Allowance Item-#Mbrs w/Allow-Allowance Rate-#Mbrs w/o Allow CNCS Share Grantee Share Total Amount Full Time(1700 hrs):Member(s)at a rate of each Members W!O allowance 0 0 0 1-Year Half Time(900 hours):Member(s)at a rate of each 0 0 0 Members W/O allowance 2-Year Half Time(1 st Year):Member(s)at a rate of each 0 0 0 Members W/O allowance 2-Year Half Time(2nd Year):Member(s)at a rate of each 0 0 0 Members W/O allowance i Reduced Half Time(675 hrs):Member(s)at a rate of each Members W/O allowance 0 0 Quarter Time(450 hrs):Member(s)at a rate of each 0 0 0 Members W/O allowance Minimum Time(300 hrs):Member(s)at a rate of each 0 0 0 Members W/O allowance CATEGORY Totals 1E0 0 0 B. Member Support Costs Purpose-Calculation CNCS Share Grantee Share Total Amount FICA for Members: 0 0 0 Worker's Compensation: 0 0 0 Health Care: 0 0 0 CATEGORY Totals 0 0 0 SECTION Totals 0 0 0 PERCENTAGE 0% 0% Section Ill. Administrative/Indirect Costs A. Corporation Fixed Percentage Item-Calculation CNCS Share Grantee Share Total Amount Corporation Fixed Amount:Total of CNCS Share of Sxns I and H*.0526*80 for 1,968 6,467 8,435 CNCS;10%of total direct costs for grantee share https://egrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Budget Narrative for 05AC065789 Page 4 of 4 Commission Fixed Amount:Total of CNCS Share of SEctions 1 and 497 0 497 Il'.0526'.20 CATEGORY Totals 2,465 6,467 8,932 B. Federally Approved Indirect Cost Rate Calculation-Cost Basis-Cost Type-Rate Claimed-Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 SECTION Totals 2,465 6,467 8.932 PERCENTAGE 28% 72% BUDGET Totals 1E 49,746 24,345 74,091 PERCENTAGE 67% 33% Source of Funds Section Description Section 1.Program Operating Costs City of Huntington Beach,$0 cash,$13878 in-kind match Huntington Beach CERT,$0 cash,$3999 in-kind match Section 11.Member Costs Section Ill.Administrative/Indirect Costs City of Huntington Beach,$0 cash,$6467,Administrative/Indirect Costs https:Hegrants2.cns.gov/espan/main/report jsp?sid=0935638f45fD48b2beb5ee5ac899d579... 6/14/2006 Exhibit E y l F AMERICORPS GRANT PROVISIONS (effective 916105) These AmeriCorps Grant Provisions are binding on the Grantee. By accepting funds under this grant,the grantee agrees to comply with the AmeriCorps Provisions,all applicable federal statutes,regulations and guidelines, and any amendments thereto.The grantee agrees to operate the funded Program in accordance with the approved grant application and budget, supporting documents,and other representations made in support of the approved grant application.The grantee agrees to include in all sub-grants the applicable terms and conditions contained in this award. For the purposes of these Provisions,AmeriCorps refers to AmeriCorps*State, AmeriCorps*National and AmeriCorps*Tribes and Territories Programs only. All applicable Provisions of the grant, including regulations and OMB circulars that are incorporated by reference shall apply to any grantee,sub-grantee,or other organization carrying out activities under this award. TABLE OF CONTENTS 1. Changes to the 2005 AmeriCorps Grant Provisions II. Legislative and Regulatory Authority III. Other Applicable Statutory and Administrative Provisions A. States,Indian Tribes,U.S. Territories and Local Governments B. Nonprofit Organizations C. Educational Institutions D. Other Applicable Statutes and Regulations . E. Order of Precedence IV. AmeriCorps Special Provisions A. Definitions B. Affiliation with the AmeriCorps National Service Network C. Member Enrollment D. Training,Supervision and Support E. Terms of Service F. Changes in Member Status G. Release from Participation H. Minor Disciplinary Actions I. Living Allowances,Other In-Service Benefits and Tastes J. Post Service Education Awards K. Matching Requirements L. Member Records and Confidentiality M. Budget and Programmatic Changes N. Reporting Requirements O. Grant Period and Incremental Funding 1 V. General Provisions A. Responsibilities Under Grant Administration B. Financial Management Standards C. Administrative Costs D. Retention of Records E. Liability and Safety Issues F. Non-Discrimination G. The Office of Inspector General H. Ownership and Sharing of Grants Products I. Publications J. Suspension or Termination of Grant Attachments: 1. Civil Rights Non-Harassment Policy 2. Grant Program Civil Rights Policy 2 I. CHANGES TO THE 2005 AMERICORPS GRANT PROVISIONS These grant provisions have changed significantly from the last AmeriCorps Grants Provisions issued in 2004. Changes have been made to reflect the revised AmeriCorps regulations that take effect on September 6,2005. The following sub-sections of the former provisions have been deleted,and are no longer identified as specific provisions herein,because they are now included in the regulations: A. Definitions-most now appear in the regulations 3. Local and State Consultation 4. Prohibited Service Activities 5. Fundraising 6. Eligibility, Recruitment and Selection Section-Member Recruitment section only 9. Release from Participation 11. Sections related to Living Allowance Match Requirements and Childcare and Family and Medical Leave Eligibility 13. Matching Requirements 18. Performance Measurement and Evaluation 22. Sections related to Time and Attendance Requirements(these sections are described in the relevant OMB Circulars) 23. Administrative Costs 24. Equipment and Supply Costs 25. Program Income 26. Payments under the Grant 30. Drug-free Workplace 33. Supplementation,Non-Duplication and Non-Displacement 34. Grievance Procedures All other sub-sections in this current set of provisions are either new, or have been renamed and renumbered; therefore,the Provisions should be read in their entirety. Most significantly,the Corporation has revised the following sub-sections: • The term Full-time Equivalent(FTE)#is replaced with the term Member Service Year (MSY) • Section IV—C: Member Enrollment: ➢ 1. Member Enrollment Procedures-added ➢ 7. Criminal Record Checks-Requirements were updated and clarified • Section IV—D: Training, Supervision,and Support: ➢ 6. Performance Reviews-The requirement for a mid-year evaluation for less than Half-Time members was eliminated • Section IV—1: Living Allowance,Other In-Service Benefits and Taxes ➢ 1. Living Allowance Distribution—Policies were clarified 3 • Section IV—N: Reporting Requirements ➢ 1. Financial Status and Progress Reports—Eliminated the use of WBRS to meet financial reporting requirements. • Section V—B: Financial Management Standards ➢ 4. Consultant Services-The individual consultant fee was increased from $443 to$540 per day • Section V—F: Non-Discrimination ➢ 2. -Discrimination Prohibited ziii-Policies were updated H. LEGISLATIVE AND REGULATORY AUTHORITY This grant is authorized by and subject to the National and Community Service Act of 1990 as amended,codified as 42 U.S.C. 12501 et seq.,and 45 C.F.R.2510 et seq. Grantees must comply with the requirements of the Act and its implementing regulations. III. OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS Grantees must also comply with the applicable federal cost principles,administrative requirements,and audit requirements incorporated by reference as follows: A. STATES,INDIAN TRIBES,U.S.TERRITORIES,and LOCAL GOVERNMENTS. The following circulars and their implementing regulations apply to states, Indian tribes,U.S. territories,and local governments: 1. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments --45 C.F.R. 2541.2 2. OMB Circular A-87,Cost Principles for State and Local Governments. 3. OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations. B. NONPROFIT ORGANIZATIONS. The following circulars and their implementing regulations apply to nonprofit organizations: 1. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Nonprofit Organizations--45 C.F.R. 2543 2. OMB Circular A-122,Cost Principles for Nonprofit Organizations. 3. OMB Circular A-133,Audits of States,Local Governments and Non-Profit Organizations. C. EDUCATIONAL INSTITUTIONS. 4 t z r The following circulars and their implementing regulations apply to educational institutions: 1. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals and Other Nonprofit Organizations--45 C.F.R. 2543 2. OMB Circular A-21, Cost Principles for Educational Institutions. 3. OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations. D. OTHER APPLICABLE STATUTES and REGULATIONS. The grantee must comply with all other applicable statutes,executive orders,regulations and policies governing the Program, including but not limited to those cited in these Grant Provisions,the Grant Assurances and Certifications, and those cited in 45 C.F.R. Parts 2541 and 2543. E. ORDER OF PRECEDENCE. Should there be any inconsistency among the Notice of Grant Award,the AmeriCorps Special Provisions,the General Provisions,and the approved grant application,the order of precedence that will prevail is(1)Notice of Grant Award,(2)the AmeriCorps Special Provisions, (3)the General Provisions,and(4)the approved grant application. IV. AMERICORPS SPECIAL PROVISIONS A. DEFINITIONS. For purposes of this grant the following definitions apply: 1. AmeriCorps National Service Network means AmeriCorps*State, AmeriCorps*National,AmeriCorps*Tribes and Territories,Volunteers in Service to America(VISTA),and National Civilian Community Corps(NCCC);programs taken together as programs dedicated to national service. VISTA is authorized under the Domestic Volunteer Service Act(42U.S.C. 4950 et seq.).NCCC is authorized under the National and Community Service Act(42 U.S.C. 12611 etseq.). 2. Approved National Service Position means a national service position for which the Corporation has approved the provision of a national service education award as one of the benefits to be provided for successful service in the position. 3. Faith-based organizations include: a. Religious congregations(church,mosque,synagogue, temple,etc.); b. Organizations,programs, or projects operated or sponsored by a religious congregation; 5 c. Nonprofit organizations that clearly show by their mission statements,policies, and/or practices that they are religiously motivated or religiously guided institutions; d. Organizations that,when asked,designate themselves as a faith-based or religious organization;or e. Collaborations of organizations lead by an organization from the previously described categories,or of which half or more of the members are from the previously described categories. 4. Grantee, for the purposes of this agreement,means the direct recipient of this grant.The term sub-grantee shall be substituted for the term grantee where appropriate.The grantee is also responsible for ensuring that sub-grantees or other organizations carrying out activities under this award comply with these provisions,including regulations and OMB circulars incorporated by reference.The grantee is legally accountable to the Corporation for the use of grant funds and is bound by the provisions of the grant. 5. Member means an individual: a. Who is enrolled in an approved national service position; b. Who is a U.S. citizen,U.S.national or lawful permanent resident alien of the United States; c. Who is at least 17 years of age at the commencement of service unless the member is out of school and enrolled i. in a full-time,year-round youth corps Program or full-time summer Program as defined in the Act(42 U.S.C. 12572(a)(2)), in which case he or she must be between the ages of 16 and 25, inclusive, or ii. in a Program for economically disadvantaged youth as defined in the Act (42 U.S.C. 12572(a)(9)),in which case he or she must be between the ages of 16 and 24, inclusive;and iii. Has a high school diploma or an equivalency certificate(or agrees to obtain a high school diploma or its equivalent before using an education award)and who has not dropped out of elementary or secondary school in order to enroll as an AmeriCorps member(unless enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under section 484 of the Higher Education Act of 1965,20 U.S.C. 1091),or who has been determined through an independent assessment conducted by the Program to be incapable of obtaining a high school diploma or its equivalent. 6. Parent Organization means a grantee that is responsible for implementing and managing a National Direct AmeriCorps or National.Direct Education Award Program. 7. Service Recipient means a community beneficiary who receives a service or benefit from the service of AmeriCorps members. 6 r 8. Sub-grantee refers to an organization receiving AmeriCorps grant funds from a grantee of the Corporation. B. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK. 1. Identification as an AmeriCorps Program or Member.The grantee must identify the Program as an AmeriCorps Program and members eligible for a Corporation-approved post-service education award as AmeriCorps members. 2. The AmeriCorps Name and Logo.AmeriCorps is a registered service mark of the Corporation for National and Community Service. The grantee must use the AmeriCorps name and logo on service gear and public materials such as stationery,application forms, recruitment brochures,orientation materials,member curriculum,signs, banners, press releases and publications created by AmeriCorps members in accordance with Corporation requirements. The Corporation provides a camera-ready logo. To establish the relationship between the Program and AmeriCorps, the grantee must use the phrase "The AmeriCorps National Service Network" or"an AmeriCorps Program" and may use the slogan"Getting Things Done"TM on such materials in accordance with Corporation guidelines and requirements. The grantee may not alter the AmeriCorps logo,and must obtain the written permission of the Corporation before: a. Using the AmeriCorps name or logo on materials that will be sold,or b. Permitting donors to use the AmeriCorps name or logo in promotional materials. The grantee may not use or display the AmeriCorps name or logo in connection with any activity prohibited in these grant provisions. 3. AmeriCorps Service Gear.The grantee is encouraged to provide the core AmeriCorps Service Gear Package for each member. The core package includes the standard items made available by the Corporation, through the Mississippi Industries for the Blind. The grantee should direct members to wear their service gear at officially designated AmeriCorps events and may allow members to wear their service gear at other times consistent with Corporation guidelines.The grantee may not use Corporation funds to purchase local Program service gear. 4. Participation in AmeriCorps Events.The grantee agrees,within reasonable limits,to arrange for members to participate in AmeriCorps events and activities sponsored by the Corporation,such as the National Opening Ceremonies,conferences and national service days. C. MEMBER ENROLLMENT Member recruitment, selection and enrollment requirements are in the Corporation's regulations at 45 C.F.R Part 2522. In addition, the following apply: 1. Member Enrollment Procedures. 7 Y 7 a. An individual is enrolled as an AmeriCorps member when all of the following have occurred: i. He or she has signed a member contract; ii. The program has verified the individuals eligibility to serve; iii. The individual has begun a term of service; and iv. The program has approved the member enrollment form in WBRS. b. Prior to enrolling a member in AmeriCorps,programs make commitments to individuals to serve. A commitment is defined as signing a member contract with an individual or otherwise entering into a legally enforceable commitment as determined by state law. c. Within 30 calendar days of entering into a commitment with an individual, the grantee or sub-grantee will notify the Corporation of the commitment via WBRS by enrolling the individual as a member. d. Member Enrollment: Within 30 calendar days of the membees starting service, the program must complete and approve the enrollment form in WBRS. e. If a commitment does not result in a member actually being enrolled,the program must cancel the commitment in WBRS within 30 calendar days of the member's expected start date. If a grantee or sub-grantee does not complete an enrollment within 30 days of the member's expected start date,the grantee and sub-grantee will receive notification that the timeframe has expired. The program will then have 15 calendar days to complete the enrollment before the commitment is removed from WBRS. £ Failure to notify the Corporation of member commitments or enrollments within these timeframes may result in sanctions to the grantee or sub-grantee, up to and including,reducing the number of member positions or suspending or terminating the grant. 2. AmeriCorps Members.The grantee must keep time and attendance records on all AmeriCorps members in order to document their eligibility for in-service and post- service benefits. Time and attendance records must be signed and dated both by the member and by an individual with oversight responsibilities for the member. 3. Completion of Terms of Service. A Program should make every effort to enroll members so that each member has a reasonable expectation of completing his/her term of service by the end of the Program's project period. Should a Program not be renewed, a member who was scheduled to continue in a term of service may either be placed in another Program where feasible,or a member may receive a prorated education award if the member has completed at least 15%of the service hour requirement. 4. Reasonable Accommodation. Programs and activities must be accessible to persons with disabilities, and the grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members, service recipients, applicants,and program staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation. 8 f The vast majority of accommodations are inexpensive. For those cases where reasonable accommodations are more costly,there is a limited amount of money available through State Commissions to provide accommodations for service members. The Office of Disability Employment Policy operates a toil-free,confidential, free resource for employers on reasonable accommodation requirements and options for accommodating employees at(800)526-7234(voice/TTY),e-mail at JANaian.icdi.wvu.edu,or website at.www.ian.wvu.edtL Accommodations that impose an undue financial or administrative burden on the operation of the program or fundamentally alter its nature are not reasonable accommodations. However,the grantee must document and prove any undue burden. Similarly,a person who poses a direct threat to the health or safety to himself or herself or to others,where the threat cannot be eliminated by reasonable accommodation,is not a qualified individual with a disability.In such instances the grantee must document and prove the direct threat. 5. Member Classification.AmeriCorps members are not employees of the Program or of the federal government. The definition of"participant"in the National and Community Service Act of 1990 as amended applies to AmeriCorps members. As such,"a participant (member)shall not be considered to be an employee of the Program in which the participant(member) is enrolled"(42 U.S.C. 12511(17)(B)).Moreover,members are not allowed to perform an employee's duties or otherwise displace employees. For the limited purposes of the Family and Medical Leave Act of 1993, the member may be considered an eligible employee of the project sponsor.The Family and Medical Leave Act's requirements as they apply to AmeriCorps Programs are contained in 45 C.F.R 2540.220(b). 6. Parental Consent. Before enrolling in a Program, individuals under eighteen years of age must provide written consent from a parent or legal guardian. 7. Criminal Background Checks. Programs with members(18 and over)or grant-funded employees who, on a recurring basis,have access to children(usually defined under state or local law as un-emancipated minors under the age of 18)or to individuals considered vulnerable by the program(i.e.the elderly or individuals who are either physically or mentally disabled),shall, to the extent permitted by state and local law, conduct criminal background checks on these members or employees as part of the overall screening process. The grantee must ensure,to the extent permitted by state or local law,that it maintains background check documentation for members and employees covered by this provision in the member or employee's file or other appropriate file. The documentation must demonstrate that,in selecting or placing an individual,the grantee or the grantee's designee(such as a site sponsor)reviewed and considered the background check's results. 9 i 8. Criminal Charges.An AmeriCorps member who is officially charged with a violent felony,or with the sale or distribution of a controlled substance during a term of service will have his/her service suspended without a living allowance and without receiving credit for hours missed. The member may be reinstated into AmeriCorps service if he/she is found not guilty or if the charge is dismissed If an AmeriCorps member who has been cleared of such charges is unable to complete his/her term of service within one year, he/she may accept a pro-rated education award as long as he/she has.completed at least 15%(255 hours full-time/135 hours less than full-time)of his/her service. An AmeriCorps member who is convicted of a criminal charge as described above must be terminated for cause from the program,and he/she is not eligible for any portion of an education award. D. TRAINING,SUPERVISION AND SUPPORT. 1. Planning for the Term of Service.The grantee must develop member position descriptions that provide for meaningful service activities and performance criteria that are appropriate to the skill level of members.The grantee must ensure that each member has sufficient opportunity to complete the required number of hours to qualify for a post- service education award. In planning for the member's term of service,the grantee must account for holidays and other time off,and must provide each member with sufficient opportunity to make up missed hours. 2. Member Contracts.The grantee must require that members sign contracts that,at a minimum, stipulate the following: a. The minimum number of service hours and other requirements(as developed by the Program)necessary to successfully complete the term of service and to be eligible for the education award; b. Acceptable conduct; c. Prohibited activities, including those specified in the regulations; d. Requirements under the Drug-Free Workplace Act(41 U.S.C.701 et seq.); e. Suspension and termination rules; f. The specific circumstances under which a member may be released for cause; g. The position description; h. Grievance procedures; and i. Other requirements as established by the Program. 3. Consistent with the approved budget,the grantee must provide members with the training,skills,knowledge and supervision necessary to perform the tasks required in their assigned project positions,including specific training in a particular field and background information on the community served. The grantee must conduct an orientation for members and comply with any pre-service orientation or training required by the Corporation. This orientation should be designed to enhance member security and sensitivity to the community.Orientation should cover io 1 r member rights and responsibilities,including the Program's code of conduct,prohibited activities(including those specified in the regulations),requirements under the Drug-Free Workplace Act(41 U.S.C. 701 et seq.), suspension and termination from service, grievance procedures,sexual harassment,other non-discrimination issues,and other topics as necessary. 4. Service-Learning.The grantee agrees to use service experiences to help members achieve the skills and education needed for productive,active citizenship, including the provision, if appropriate,of structured opportunities for members to reflect on their service experiences. 5. Supervision.The grantee must provide members with adequate supervision by qualified supervisors in accordance with the approved application.The grantee must establish and enforce a code of conduct for members. 6. Performance Reviews. The grantee must conduct and keep a record of at least a midterm and end-of-term written evaluation of each member's performance for Full and Half-Time members and an end-of-term written evaluation for less than Half-time members. The evaluation should focus on such factors as: a. Whether the member has completed the required number of hours; b. Whether the member has satisfactorily completed assignments;and c. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. 7. Registration to Vote.The grantee should encourage all eligible members to register and vote. However, the grantee is prohibited from requiring members to register or to vote, and from attempting to influence how members vote.Members who are unable to vote before or after service hours should be allowed to do so during their service time without incurring any penalties.The site director should determine the length of absence. 8. Jury Duty.The grantee must allow AmeriCorps members to serve on a jury without being penalized for doing so. During the time AmeriCorps members serve as jurors,they should continue to receive credit for their normal service hours,a living allowance, health care coverage and,if applicable,child care coverage regardless of any reimbursements for incidental expenses received from the court. 9. Member Death or Injury.The grantee must report any deaths or serious injuries to the appropriate Corporation Program Officer immediately. 10.Armed Forces Reserves. Generally,the Reserves of the U.S.Army,U.S.Navy,U.S. Air Force,U.S. Marine Corps,U.S. Coast Guard, the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus 12 to 15 days a year (hereafter referred to as the two-week active duty service).To the extent possible, grantees should seek to minimize the disruption in members'AmeriCorps service as a result of discharging responsibilities related to their reservist duties.If members have a 11 choice of when to fulfill their annual two-week active duty requirement,they should do so when it will not disrupt their AmeriCorps service. In instances where the dates of active duty are inflexible and conflict with AmeriCorps service,members should be granted a leave of absence for the two-week period of active duty service in the Reserves. Members may not receive time-off for additional Reserves-related service beyond the two-week active duty service.No AmeriCorps service credit is earned for the once-a- month weekend service in the Reserves. Grantees should credit members for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps service. The member would receive credit for the number of hours he or she would have served during that period had there been no interruption.For example,if a full-time member is signed up to serve 30 hours of AmeriCorps service one week and 40 hours of AmeriCorps service on the following week,she or he would receive 70 hours of AmeriCorps service credit for the two weeks of active duty service regardless of the actual number.of hours served in the Reserves. Reservists in the U.S.Armed Forces receive compensation for their mandatory two weeks of active duty service.The compensation regulations governing the Army and Air National Guard may vary by state. Grantees should continue to pay the living allowance and provide health care and childcare coverage for the two-week period of active duty. E. TERMS OF SERVICE. 1. Program Requirements. Each Program must, at the start of the term of service, establish the guidelines and definitions for the successful completion of the Program year, ensuring that these Program requirements meet the Corporation's service hour requirements as defined below: a. Full-Time Members. Members must serve at least 1700 hours during a period of not less than nine months and not more than one year. b. Half-Time Members. Half-time members must serve at least 900 hours during a period of one or two years as indicated in the approved budget. c. Reduced Half-Time Members.Reduced half-time members must serve at least 675 hours over a time not to exceed one year. d. Quarter-Time Members.Quarter-time members must serve at least 450 hours over a time not to exceed one year. e. Minimum Time Members.Minimum time members must serve at least 300 hours over a time not to exceed one year. 2. Notice to the Corporation's National Service Trust. The grantee must notify the Corporation's National Service Trust within 30 days upon entering into a commitment with an individual to serve; a member's enrollment in WBRS; and completion of,lengthy or indefinite suspension from,or release from,a term of service. Lengthy or indefinite suspension of service is defined as an extended period during which the member is not serving,nor accumulating service hours or receiving AmeriCorps benefits,because it is unclear when the member might return to the Program. 12 The grantee also must notify the Trust when a change in a member's status is approved and changed(i.e. from full-time to less than full-time or vice versa). Failure to report such changes within 30 days may result in sanctions to the grantee,up to and including, suspension or termination. Grantees or sub-grantees properly utilizing WBRS meet notification requirements when they use that system to inform the Corporation within the approved time frames. Any questions regarding the Trust should be directed to the Trust Office. F. CHANGES IN MEMBER STATUS 1. Changing Member Status. Circumstances may arise within a program that necessitate changing the type of unfilled AmeriCorps member positions awarded to a grantee or sub- grantee,or changing the term of service of a currently enrolled member.Note that once a member is exited with a partial education award,the remaining portion of that education award is not available for use. Any change of member status that: a. Necessitates a change in the number of member service year positions in the grant, b. An increase in the number of slots in the grant,or c. A change in the funding amount of the grant requires prior written approval from the Corporation's Office of Grants Management. 2. Changing Slot Types (unfilled positions). Grantees or sub-grantees may change the type of slots awarded to their program with prior approval from the Corporation's Office of Grants Management if: a. the change does not increase the total number of slots authorized in the Notice of Grant Award(e.g., one full-time position may be changed to one half-time or one quarter-time position)and b. 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). To request a change in slot type,the grantee must make a slot correction request in WBRS and forward it to the Corporation for approval. 3. Changing a Term of Service(filled positions). Changes in terms of service may not result in an increased number of slots or MSYs for the program. a. Full-time. State Commissions and Parent Organizations may authorize or approve occasional changes of currently enrolled full-time members to less than full-time members within the first 90 days of the member's service. Impact on program quality should be factored into approval of requests.The Corporation will not cover health care or childcare costs for less than full-time members. It is not 13 allowable to transfer currently enrolled full-time members to a less than full-time status simply to provide a less than full-time education award A Change of Status form must be completed in WBRS and forwarded to the Corporation within 30 days- b. Less than Full-time.Changing less than full-time members to full-time is discouraged because it is very difficult to facilitate,unless done very early in the member's term of service. State Commissions and Parent Organizations may authorize or approve such changes so long as they are within the first 90 days of the member's service,and the current budget can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 12 months of the member's original start date. A Change of Status form must be completed in WBRS and forwarded to the Corporation within 30 days. c. Refilling Slots. Eligible AmeriCorps*State and National programs that have fully enrolled their awarded member slots are allowed to replace any member who terminates service before completing 15 percent of his/her term. Any member who fails to reach this threshold is not eligible for any portion of an education award. Programs may not refill the same slot more than once. As a fail-safe mechanism to ensure that corporate resources are available in the national service trust to finance any member's education award,the Corporation will suspend refilling if either: i. total AmeriCorps enrollment reaches 97 percent of awarded slots or ii. the number of refills reaches five percent of awarded slots. Grantees whose awards have special grant conditions under 45 CFR 2543.14 or 2541.120 are not eligible to refill positions. In order to be qualified to refill, grantees will be evaluated on the basis of the results of their State Administrative Standards reviews,the outcomes of Inspector General audits, and site visits and oversight by CNCS program and grants officers. State Commissions and Parent Organizations must forward all changes and appropriate forms to the Corporation after approval.Any requests for changes that fall outside of the parameters set forth above must come to the Corporation for written approval with concurrence from the State Commission or Parent Organization. 4. Notice to Childcare and Health Care Providers. The grantee must notify the. Corporation's designated agents immediately in writing when a member's status changes, such that it would affect eligibility for childcare or health care..Examples of changes in status are converting a full-time member to less than full-time member, terminating or releasing members from service,and suspending members for cause for lengthy or indefinite time periods. Program directors should contact AmeriCorps®Ca e at(800)570-4543 on childcare related changes,and their health insurance provider about health insurance related changes. 14 G. RELEASE FROM PARTICIPATION. Grantees may release members from participation for two reasons: (a) for compelling personal circumstances; and(b) for cause. See 45 C.F.R. §2522.230 for requirements. In addition to the regulations,the following apply: 1. No Automatic Disqualification if Released for Cause.A release for cause covers all circumstances in which a member does not successfully complete his/her term of service for reasons other than compelling personal circumstances.Therefore, it is possible for a member to receive a satisfactory performance review and be released for cause. For example,a member who is released for cause for a first term for personal reasons—e.g. he/she has decided to take a job offer—but who,otherwise,was performing well up until the time he/she decided to leave,would not be disqualified for a second term as long as he/she received a satisfactory performance evaluation for the period he/she served. 2. Required Disclosure by Member of Prior Release for Cause.Any individual released for cause who thereafter applies to serve in any AmeriCorps program must disclose the fact that he/she was released for cause to the Program to which the individual is applying. Failure to disclose that the individual was released for cause from another AmeriCorps Program will make the individual ineligible to receive the AmeriCorps education award. H. MINOR DISCIPLINARY ACTIONS. The grantee may temporarily suspend or impose a fine on a member for minor disciplinary reasons,such as chronic tardiness, as outlined in the conditions of the member contract. 1. Temporary Suspension of Service.The period of suspension does not count toward a member's required service hours. Further, members who are suspended for minor disciplinary reasons may not receive a living allowance for the suspension period. 2. Fines.If determined to be necessary for improvements in member performance or attendance,the grantee may impose a reasonable fine on members for minor disciplinary problems consistent with the member contract.The fines may not be calculated on an hourly basis. For example,a member who is an hour late may not be fined an hour's worth of living allowance. Instead,the grantee shall establish a written policy on fines, which is not linked to an hourly rate. The grantee may deduct fines from that portion of the member's living allowance that is paid by non-Federal funds. Before making any deductions,the grantee should consider how this might affect the status of members under employment laws,including minimum wage and unemployment compensation. Further,a grantee that deducts in this fashion may be required to provide additional matching funds. 15 5. Childcare.The grantee must ensure that childcare is made available to those full-time members who need such assistance in order to participate.Members are not eligible to receive childcare from AmeriCorps while they are receiving childcare subsidies from another source for the same period of AmeriCorps service. The criteria for member eligibility are contained in 45 C.F.R. §2522.250. 6. Administration of Child Care Payments.In general,the Corporation will provide for childcare payments,which will be administered through the National Association of Child Care Resource and Referral Agencies(NACCRRA),hereafter referred to as AmeriCorps®CARE. Grantees that choose to provide childcare as a match source(as approved in their budget)may use AmeriCorps®CARE for technical assistance. Grantees can contact AmeriCorps®CARE at(800) 5704543 with questions regarding childcare. a. Program Director's Responsibilities. In addition to determining a member's eligibility at the start of the term of service,Program directors are required to notify AmeriCorps®CARE immediately in writing when: i. A member is no longer eligible for childcare benefits due to a change in the member's eligibility status (e.g., family income exceeds the limit, the child turns 13,a foil-time member becomes a less than full-time member, or a member leaves the Program); ii. New or existing members become eligible for childcare benefits; iii. A member wishes to change childcare providers or a childcare provider will no longer provide childcare services;or iv. A member is absent from the Program for excessive periods of time(five or more days in a month). b. Costs incurred due to the grantee's failure to keep AmeriCorps®CARE immediately informed of changes in a member's status may be charged to the grantee's organization. c. Half-Time Members.Although no portion of childcare expenses for half-time members may be paid from Corporation funds,Programs may choose to provide childcare to half-time members from other sources. d. Half-Time Members Serving in a Full-Time Capacity.Half-time members who are serving in a full-time capacity for a sustained period of time(such as a full-time summer project)may be eligible for childcare benefits supported with Corporation funds,although that coverage must be approved in the grant or via prior written approval from the Corporation's Office of Grants Management. e. Payments.Payments or reimbursement for childcare benefits will be made for eligible members to qualified providers from the date child care need was established after service began. The amount of childcare allowance may not exceed the applicable payment rate established by the State where the member is serving for child care funded under the Child Care and Development Block Grant Act of 1990. No payments and reimbursements will be made in the event the AmeriCorps member was ineligible,or if the provider was not qualified under the state guidelines. 18 s � 7. Family and Medical Leave.The Corporation's Regulations at 45 C.F.R.§2540.220 describe the circumstances under which AmeriCorps members can take family and medical leave in accordance with the Family and Medical Leave Act of 1993 (FMLA). However, family and medical leave does not count toward the requisite service hours and members may not receive a living allowance during this period. At the grantee's discretion,temporary leave may also be authorized for the reasons allowed under FMLA to AmeriCorps members who do not otherwise meet the eligibility requirements for FMLA leave as described in the regulations. If temporary leave is appropriate, grantees have the flexibility to determine the duration of the absence for up to 12 weeks,and may choose to continue providing health benefits to the member during the period of absence. The length of the leave must be based on two considerations:(1)the circumstances of the situation; and(2)the impact of the absence on the member's service experience and on the overall program.If the disruption would seriously compromise the member's service experience or the quality of the program as a whole,then the grantee may offer the member the option of rejoining the program in the next class or completely withdrawing from the program. 8. Federal Work Study.Upon approval by the Corporation's Program Office, grantees may enroll Federal Work Study students as AmeriCorps members. Only individuals who enroll in an AmeriCorps position in a program that has been approved by the Corporation are eligible to receive AmeriCorps member benefits. Except as required by Federal Work Study regulations,AmeriCorps members may not be paid on an hourly basis.The Corporation does not consider a wage under the Federal Work Study program to be a living allowance for purposes of the National and Community Service Act. The grantee is not required to report such wages in the AmeriCorps grant. If you have members to whom you pay a living allowance for any service beyond the hours worked under the Federal Work Study Program,then at least 15%of the amount of the living allowance must be provided from non-Federal sources. J. POST-SERVICE EDUCATION AWARDS. In order for a member to receive a post-service education award from the National Service Trust, the grantee must certify to the National Service Trust that the member is eligible to receive the education benefit. The grantee must notify the National Service Trust on a form provided by the Corporation(electronic submission via WBRS suffices)when it enrolls a member for a term of service,when the member completes the term,and whenever there is a change in the member's status during the term(e.g.,release for compelling circumstances or suspension). A member may receive a post-service education award only for the first two terms of service. For example,one full-time and one half-time term of service count as two terms. If a member is released for reasons other than misconduct prior to completing 15%of a term of service,that term does not count as one of the two terms for which an education award maybe provided.No Corporation or other federal funds may be used to provide member support costs for a third or subsequent term of service in an AmeriCorps*State or National Program. 19 In order to receive a full education award,a member must perform the minimum hours of service as required by the Corporation and successfully complete the program requirements as defined by the Program. For example, if successful completion of a full-time program requires 1,800 service hours,members in that particular program are not eligible for an education award simply upon completion of 1,700 hours. If a member is released from a Program for compelling personal circumstances,the member is eligible for a pro-rated education award based on the number of hours served, if it is at least 15%of the total required hours. Questions regarding authorized uses of the education award should be directed to the Corporation's National Service Trust Office. K. MATCHING REQUIREMENTS See 45 C.F.R.§§2521.35—2529.95 for the AmeriCorps matching requirements. Grantees must also refer to OMB Circulars A-21,A-87,A-122 and A-102 [and its implementation regulation (45 C.F.R.§2543)or A-110(45 C.F.R.§2541)],as applicable, for additional requirements related to allowable kinds and sources of match and match documentation requirements. 1. Exception for Donated Professional Service.Because the purpose of this grant is to enable and stimulate volunteer community service, the grantee may not include the value of direct community service performed by volunteers. However, the grantee may include the value of volunteer services contributed to the organization for organizational functions such as accounting, audit work,training of staff and AmeriCorps Programs. L. MEMBER RECORDS AND CONFIDENTIALITY. 1. Record-Keeping.The grantee must maintain records specified in the Financial Management Standards(Section B)of the General Provisions below that document each member's eligibility to serve pursuant to the member eligibility requirements in the definitions section of these provisions. The records must be sufficient to establish that the individual was eligible to participate in the program and that the member successfully completed the program requirements. 2. Verification.To verify U.S. citizenship,U.S. national status or, U.S. lawful permanent resident alien status,the grantee must obtain and maintain documentation as required by 45 C.F.R.§2522.200(b)and(c). The Corporation does not require programs to make and retain copies of the actual documents used to confirm age or citizenship eligibility .requirements,such as a driver's license,or birth certificate, as long as the grantee has a consistent practice of identifying the documents that were reviewed and maintaining a record of the review.To verify whether the member meets the requirements relating to high-school education,the grantee must obtain from the member,and maintain in the member's file,a written declaration under penalty of law that the member meets the requirements of these provisions relating to high school education. If the member has been determined to be incapable of obtaining a high school diploma or its equivalent,the grantee must retain a copy of the supporting independent evaluation. 20 r 3. Confidential Member Information.The grantee must maintain the confidentiality of information regarding individual members.The grantee must obtain the prior written consent of all members before using their names,photographs and other identifying information for publicity,promotional or other purposes. Parental or legal guardian consent must be obtained for members under 18 years of age. Grantees may include an informed consent form as part of the member contract materials that are signed at the time the member enrolls. Grantees may release aggregate and other non-identifying information, and are required to release member information to the Corporation and its designated contractors.The grantee must permit a member who submits a written request for access to review records that pertain to the member and were created pursuant to this grant. M. BUDGET AND PROGRAMMATIC CHANGES. 1. Programmatic Changes.The State Commission or Parent Organization must obtain the prior written approval of the AmeriCorps Program Office before making the following changes in the approved Program: a. Changes in the scope, objectives or goals of the Program,whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; c. Entering into additional sub-grants or contracts for AmeriCorps activities.funded by the grant,but not identified or included in the approved application and grant budget. 2. Program Changes for Formula Programs. State Commissions are responsible for approving the above changes for state formula programs. 3. Budgetary Changes.The grantee must obtain the prior written approval of the Corporation's Office of Grants Management before deviating from the approved budget in any of the following ways: a. Reallocation of Funds from the "Member Support Cost"category to other categories of the approved budget.However,the grantee may reallocate funds within the line items in this category,except for increases in health care cost per member,which must be approved.The specific line items covered by this sub- clause are: i. Living allowance, ii. FICA,worker's compensation,and unemployment insurance and iii. Health care(or alternative health care). b. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A-21,A-87 or A-122. For certain cost items,the cost circulars require approval of the awarding agency for the cost to be allowable.Examples of these costs are overtime pay,rearrangement and alteration costs,and pre-award costs. c. Purchases of Equipment over$5,000 using grant funds,unless specified in the approved application and budget. 21 d. Unless the Corporation share of the award is$100,000 or less,changes to cumulative budget line items that amount to 10 per cent or more of the total program budget must be approved in writing in advance by the Corporation.The total program budget includes both the Corporation and grantee shares. Grantees may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 per cent of the total program budget. e. Approvals of Programmatic and Budget Changes.The Corporation's Grants Officers are the only officials who have the authority to change the requirements of the grant. The Grants Officers will execute written amendments,and grantees should not assume approvals have been granted unless documentation from the Grants.Office has been received. N. REPORTING REQUIREMENTS. 1. Financial Status and Progress Reports.Progress and Financial Status reporting requirements in these Provisions apply only to the grantee. Grantees are required to review, analyze, and follow up on progress and financial status reports they receive from AmeriCorps sub-grantees or operating sites. Each grantee must submit Progress and Financial Status Reports by the required due dates. Requests for extensions of reporting deadlines will be granted when 1)the report cannot be furnished in a timely manner for reasons legitimately beyond the control of the grantee and 2)the Corporation receives a request explaining the need for an extension before the due date of the report. Extensions of deadlines for FSRs(SF 269a)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. a. Financial Status Reports.The grantee shall submit semi-annual cumulative financial status reports,summarizing expenditures during the reporting period using eGrants(on the menu tree,click`Financial Status Reports'). Financial Status Report deadlines are as follows: Due Date Reporting Period Covered April 30 Start of grant through March 31 October 30 April 1 —September 30 A grantee must set its own submission deadlines for its respective sub-grantees. b. Progress Reports. i. Reporting Dates for National Direct Parent Organizations: A grantee Progress Report("GPW)is due in WBRS on the first Monday in December of each year for the period from the start of the program year 22 r through September 30. The report will require the grantee's analysis of the AmeriCorps grants it administers. This includes reporting on the operating sites that have completed their program year by the reporting end date,as well as the progress to date for operating sites still in operation for that project period. c. Reporting Dates for State Commissions,Tribes,and Territories: An annual grantee Progress Report C'GPR')is due in WBRS on the first Monday in December of each year for the period from the start of the program year through September 30. The report will require the grantee's analysis of the AmeriCorps grants it administers.This includes reporting on sub-grantees that have completed their program year by the reporting end date and the progress to date for those sub-grantees still in operation for that project period. d. Final Financial Status Reports.A grantee completing the final year of its grant must submit, in lieu of the last semi-annual FSR, a final FSR that is due within 90 days after the end of the grant. Note: Sub-grantee Financial Status and Progress Reports The Corporation expects each grantee to set its own Sub-grantee reporting requirements. Grantees are responsible for monitoring sub-grantee activities and training needs,tracking progress toward objectives,and identifying programmatic and/or financial challenges. Sub-grantees must adhere to the reporting requirements outlined and communicated by its grantee for the program year. 2. AmeriCorps Member-Related Forms.The grantee is required to submit the following documents to the National Service Trust at the Corporation on forms provided by the Corporation. Grantees and sub-grantees may use WBRS to submit these forms electronically. Programs using WBRS must also maintain hard copies of the forms. a. Enrollment Forms.Enrollment forms must be submitted no later than 30 days after a member is enrolled- b. Change of Status Forms.Member Change of Status Forms must be submitted no later than 30 days after a member's status is changed.By forwarding Member Change of Status Forms to the Corporation, State Commissions and Parent Organizations signal their approval of the change. c. Exit/End-of-Term-of-Service Forms.Member Exit/End-of-Term-of-Service Forms must be submitted no later than 30 days after a member exits the program or finishes his/her term of service. 3. Benefit Provider Documentation.Programs are responsible for contacting applicable benefit providers immediately when a change of status affects the eligibility of a member or when a member leaves the program early. 23 O. GRANT PERIOD AND INCREMENTAL FUNDING. For the purpose of the grant,a project period is the complete length of time the grantee is proposed to be funded to complete approved activities under the grant. A project period may contain one or more budget periods. A budget period is a specific interval of time for which Federal funds are being provided to fund a grantee's approved activities and budget. Unless otherwise specified,the grant covers a three-year project period. In approving a multi- year project period,the Corporation makes an initial award for the first year of operation. Additional funding is contingent upon satisfactory performance and the availability of funds. The project period and the budget period are noted on the award document. V.GENERAL PROVISIONS A. RESPONSIBILITIES UNDER GRANT ADMINISTRATION. 1. Accountability of Grantee.The grantee has full fiscal and programmatic responsibility for managing all aspects of the grant and grant-supported activities,subject to the oversight of the Corporation.The grantee is accountable to the Corporation for its operation of the AmeriCorps Program and the use of Corporation grant funds.The grantee must expend grant funds in a judicious and reasonable manner,and it must record accurately the service activities and outcomes achieved under the grant. Although grantees are encouraged to seek the advice and opinion of the Corporation on special problems that.may arise, such advice does not diminish the grantee's responsibility for making sound judgments and does not mean that the responsibility for operating decisions has shifted to the Corporation. 2. Notice to Corporation.The grantee will notify the appropriate Corporation Program or Grants Officer immediately of any developments or delays that have a significant impact on funded activities,any significant problems relating to the administrative or financial aspects of the grant,or any suspected misconduct or malfeasance related to the grant or grantee.The grantee will inform the Corporation official about the corrective action taken or contemplated by the grantee and any assistance needed to resolve the situation. 3. Notice to the Corporation's Office of Inspector General.The grantee must notify the Office of Inspector General immediately of losses of federal funds or goods/services supported with federal funds,or when information discovered by someone at a program indicates that there has been waste, fraud or abuse,or any violation of criminal law,at the program or at a sub-grantee. B. FINANCIAL MANAGEMENT STANDARDS. 1. General.The grantee must maintain financial management systems that include standard accounting practices,sufficient internal controls,a clear audit trail and written cost allocation procedures,as necessary. Financial management systems must be capable 24 4 of distinguishing expenditures attributable to this grant from expenditures not attributable to this grant. The systems must be able to identify costs by programmatic year and by budget category and to differentiate between direct and indirect costs or administrative costs. For further details about the grantee's financial management responsibilities,refer to OMB Circular A-102 and its implementing regulations(45 C.F.R§2543)or A-110 and its implementing regulations(45 C.F.R.§2541),as applicable. 2. Consistency of Treatment.To be allowable under an award, costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Furthermore,the costs must be accorded consistent treatment in both federally financed and other activities, as well as between activities, supported by different sources of federal funds. 3. Audits. Grantee organizations that expend$500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act, as amended,31 U.S.C. 7501,et seq.,and OMB Circular A-133.(If the grantee expends federal awards under only one federal program, it may elect to have a program specific audit, if it is otherwise eligible.)A grantee that does not expend$500,000 in federal awards is exempt from the single audit requirements of OMB Circular A-133 for that year. However, it must continue to conduct financial management reviews of its programs, and records must be available for review and audit. A recipient of a Federal grant(pass-through entity) is required in accordance with paragraph 400(d)of OMB Circular A-133,to do the following with regard to its subrecipients: (1) identify the Federal award and funding source; (2)advise sub- recipients of all requirements imposed on them; (3)monitor sub-recipient activities and compliance; (4) ensure sub-recipients have A-133 audits when required; (5) issue decisions and ensure follow-up on audit findings in a'timely manner;(b)where necessary,adjust its own records and financial statements based on audits;and(7)require sub-recipients to permit access by the pass-through entity and auditors to records and financial statements,as necessary, for the pass-through entity to comply with A-133. 4. Consultant Services.Payments to individuals for consultant services under this grant will not exceed$540.00 per day(exclusive of any indirect expenses,travel,supplies and so on). C. ADNUNISTRATIVE COSTS. Administrative Costs are defined in 45 C.F.R.§2510.20. In addition,the limits on administrative costs are included in 45 C.F.R.§2521.95. D. RETENTION OF RECORDS. 25 { The grantee must retain and make available all financial records,supporting documentation, statistical records,evaluation and program performance data,member information and personnel records, for 3 years from the date of the submission of the final Financial Status Report(SF 269A). If an audit is started prior to the expiration of the 3-year period, the records must be retained until the audit findings involving the records have been resolved and final action taken. E. LIABILITY AND SAFETY ISSUES 1. Liability Insurance Coverage.The grantee must have adequate liability insurance coverage for the organization,employees and members, including coverage of members engaged in on-and off-site project activities. 2. Member Safety.The grantee must institute safeguards as necessary and appropriate to ensure the safety of members.Members may not participate in projects that pose undue safety risks. F. NON-DISCRIMINATION. 1. Assurances.The grantee must assure that its programs or activities, including those of its sub-grantees,will be conducted, and facilities operated,in compliance with the applicable statutes set forth below, as well as with their implementing regulations. The grantee must obtain an assurance of such compliance prior to extending Federal financial assistance to sub-grantees. The U.S. Government shall have the right to seek judicial enforcement of these assurances. 2. Discrimination Prohibited.A person, including a member, a community beneficiary, or Program staff,may not,on the grounds of race,color,national origin, sex, age, political affiliation,disability,or religion(except as noted below)be excluded from participation in,denied the benefits of,or be otherwise subjected to discrimination, directly or through contractual or other arrangements,under any program or activity receiving federal financial assistance. The prohibition on discrimination on the basis of disability protects otherwise qualified individuals with disabilities. The prohibition against discrimination on the basis of religion with respect to Program staff applies only to Program staff paid with Corporation funds but excludes staff paid with Corporation funds who were already employed by the grantee on the date the Corporation grant was awarded. This prohibition against discrimination includes,but is not limited to: a. Denying an opportunity to participate in,benefit from, or provide a service, financial aid,or other benefit; b. Providing an opportunity which is different or provided differently; 26 c. Denying an opportunity to participate as a member of a planning or advisory body integral to the program; d. Segregating or subjecting a person to separate treatment; e. Providing an aid,benefit,or service to a qualified disabled person that is less effective in affording opportunity to obtain the same result,gain the same benefit,or reach the same level of achievement, f. Denying a qualified disabled person the opportunity to participate in integrated programs or activities,even though permissibly separate or different programs or activities exist; g. Restricting a person's enjoyment of an advantage or privilege enjoyed by others; h. Providing different or separate aid,benefits,or services to disabled persons unless necessary in order to provide them as effectively as provided to others; i. Treating a person differently in determining admission,enrollment,quota, eligibility,membership or other requirements; j. Using criteria or administrative methods, including failing to provide needed auxiliary aids for disabled persons,which have the effect of subjecting persons to discrimination, or defeating or substantially impairing achievement of the objectives of the program for a person; k. Selecting a site or location of facilities with the purpose or effect of excluding individuals from,denying them the benefits of,or subjecting them to discrimination under the program; 1. Denying a qualified disabled person a benefit, aid,or participation because facilities whose groundbreaking occurred after May 30, 1979 are inaccessible to or unusable by disabled persons or because programs or activities in facilities predating May 30, 1979,when viewed in their entirety, are inaccessible to or unusable by disabled persons;and m. Failing to provide reasonable accommodation to otherwise qualified individuals with disabilities. The Corporation's updated policy statements "Grantees Civil Rights Policy"and its"Civil Rights Harassment Policy"which include additional discrimination prohibitions are attached and incorporated herein. 3. Public Notice of Nondiscrimination.The grantee must notify members, community beneficiaries,applicants,Program staff,and the public, including those with impaired vision or hearing,that it operates its program or activity subject to the nondiscrimination requirements of the applicable statutes.The notice must summarize the requirements, note the availability of compliance information from the grantee and the Corporation, and briefly explain procedures for filing discrimination complaints with the Corporation. Sample language is: It is against the law for organizations that receive federal financial assistance from the Corporation for National and Community Service to discriminate on the basis of race,color,national origin,disability, sex,age,political affiliation,or,in most cases,religion. It is also unlawful to retaliate against any person who,or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving 27 j 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 TTY, and preferably toil free— FAX number and e-mail address of the grantee)or Office of Civil Right and Inclusiveness Corporation for National and Community Service 1201 New York Avenue,NW Washington,D.C. 20525 (202)606-7503 (voice);(202)565-2799(TTY) (202) 565-3465 (FAX);eo@cns.gov(e-mail) The grantee must include information on civil rights requirements,complaint procedures and the rights of beneficiaries in member contracts,handbooks,manuals,pamphlets,and post in prominent locations,as appropriate.The grantee must also notify the public in recruitment material and application forms that it operates its program or activity subject to the nondiscrimination requirements. Sample language,in bold print, is"This program is available to all,without regard to race,color,national origin,disability,age,sex, political affiliation, or, in most instances,religion."Where a significant portion of the population eligible to be served needs services or information in a language other than English,the grantee shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. 4. Records and Compliance Information.The grantee must keep records and make available to the Corporation timely,complete and accurate compliance information to allow the Corporation to determine if the grantee is complying with the civil rights statutes and implementing regulations.Where a grantee extends federal financial assistance to sub-grantees,the sub-grantees must make available compliance information to the grantee so it can carry out its civil rights obligations. The Corporation will provide specific guidance regarding records and compliance information.At a minimum,the grantee should have available racial,ethnic,sex,and disability data regarding members/applicants,service recipients/applicants and Program staff/applicants.This data should be sufficient to measure the distribution of benefits to the eligible population and evaluate the services provided to the different segments of the population being served. Data on members and Program staff should be gathered,on a voluntary basis,directly from the individuals. Data on service recipients may be gathered, estimated, or based on census or other statistics. Racial and ethnic data should be gathered for the following categories: a. Hispanic/Latino/Spanish culture or origin or non-Hispanic/Latino/Spanish culture or origin(one or the other)and one or more of the following: b. American Indian or Alaska Native c. Asian d. Black or African American 28 l 1 e. Native Hawaiian or Other Pacific Islander f White 5. Obligation to Cooperate.The grantee must cooperate with the Corporation so that the Corporation can ensure compliance with the civil rights statutes and implementing regulations.The grantee shall permit access by the Corporation during normal business hours to its books,records,accounts,staff,members, facilities,and other sources of information as may be needed to determine compliance. 6. Discrimination Complaints,Investigations and Compliance Reviews.The Corporation may review the practices of the grantee to determine civil rights compliance. Any person who believes discrimination has occurred may file a discrimination complaint with the Corporation's Equal Opportunity Office.The grantee may not intimidate,threaten,coerce,or discriminate against an individual to interfere with a right or privilege secured by the civil rights acts or because the person made a complaint, testified,assisted or participated in any manner in an investigation,proceeding,or hearing.The Corporation will keep the identity of complainants and witnesses confidential except as necessary to conduct an investigation, hearing,or judicial proceeding. The Corporation will investigate whenever a compliance review,report,complaint,or other information indicates a possible failure to comply with the statutes and their implementing regulations. If an investigation indicates a failure to comply,the Corporation will so inform the grantee and any applicable subgrantees and will attempt to resolve the matter by voluntary means. If the matter cannot be resolved by voluntary means,the Corporation will initiate formal enforcement action. Discrimination complaints may be raised through the grantee's grievance procedure. Use of the grantee's grievance procedure may not be a required precursor to filing a federal discrimination complaint with the Corporation.Use of the grantee's grievance procedure does not preclude filing a federal discrimination complaint.The grantee's grievance procedure should advise members that use of the grievance procedure does not stop the running of Corporation time frames for filing a discrimination complaint with the Corporation. In all cases where discrimination allegations have been raised with the grantee,the grantee must submit a written report to the Corporation's Equal Opportunity Office,which has review authority over the investigation and disposition of all discrimination complaints. 7. Self-Evaluation Requirements.The grantee must comply with(1)the self-evaluation requirements under section 504 of the Rehabilitation Act regarding accessibility for individuals with disabilities; (2)the self-evaluation requirements of the Age Discrimination Act of 1975; and(3)the self-evaluation requirements under title IX of the Education Amendments of 1972 regarding discrimination based on sex. Guidance regarding the self-evaluation requirements may be obtained from the Corporation's Equal Employment Opportunity Office, 1201 New York Avenue,NW,Washington, 29 r D.C.20525, (202)606-7503; (202)606-3472(TTY); (202) 565-2816(FAX); or eo@cns.gov(e-mail). 8. Applicable Statutes.In accordance with its assurances,the grantee must comply with all federal statutes relating to non-discrimination to the extent applicable,including,but not limited to titles VI and VIII of the Civil Rights Act of 1964(42 U.S.C.§2000d and 3601 et seq.),section 504 of the Rehabilitation Act of 1973 (29 U.S.C.§794),title IX of the Education Amendments of 1972(20 U.S.C.§1681 et seq.)the Age Discrimination Act of 1975 (42 U.S.C.§6101 et seq.),the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616),the Public Health Service Act of 1912(42 U.S.C.§290dd-3 and 290ee-3),and the requirements of any other non- discrimination provision in the National and Community Service Act of 1990,(42 U.S.C.§12635),or any other applicable non-discrimination provision. G. THE OFFICE OF INSPECTOR GENERAL The Corporation's Office of Inspector General(OIG)conducts and supervises independent and objective audits, evaluations, and investigations of Corporation programs and operations. Based on the results of these audits,reviews,and investigations, the OIG recommends policies to promote economy and efficiency and to prevent and detect fraud,waste, and abuse in the Corporation's programs and operations. The OIG also conducts and supervises audits of Corporation grantees,as well as legislatively mandated audits and reviews. The legislatively mandated audits include the annual financial statement audit, and fulfilling the requirements of the Government Information Security Reform Act and its successor, the Federal Information Security Management Act. A risk-based approach,along with input received from Corporation management, is used to select grantees and grants for audit. The OIG hires audit firms to conduct some of its audits. The OIG audit staff is available to discuss its audit function,and can be reached at(202)606-9390. The OIG is available to offer assistance to AmeriCorps grantees that become aware of suspected criminal activity in connection with the AmeriCorps program. Grantees should immediately contact OIG when they fast suspect that a criminal violation has occurred. The OIG investigative staff is available to provide guidance and ensure that the appropriate law enforcement agency is notified, if required. The OIG may be reached by email at hotline@cnsoig.gov or by telephone at(800)452-8210. Following notification to OIG,grantees should also inform the respective program and grants officers of the facts and circumstances surrounding these incidents. H. OWNERSHIP AND SHARING OF GRANT PRODUCTS. 1. Ownership. Unless otherwise specified,the grantee owns and may copyright any work that is subject to copyright, including software designs,training manuals,curricula, videotapes and other products produced under the grant. However,the grantee may not 30 sell any work that includes an AmeriCorps logo without prior written approval from the Corporation. 2. Corporation Use. The Corporation retains royalty-free,non-exclusive, and irrevocable licenses to obtain,use,reproduce,publish or disseminate products, including data, produced under the grant and to authorize others to do so.The Corporation may distribute such products through a designated clearinghouse. 3. Sharing Grant Products.To the extent practical,the grantee agrees to make products produced under the grant available at the cost of reproduction to others in the field. I. PUBLICATIONS. 1. Acknowledgment of Support.Publications created by members may include an AmeriCorps logo if they are consistent with the purposes of the grant.The grantee is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this grant. "This material is based upon work supported by the Corporation for National and Community Service under AmeriCorps Grant No. .Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of,or a position that is endorsed by,the Corporation or the AmeriCorps Program." 2. Materials Provided to Corporation.The grantee is responsible for assuring that two copies of any such material are sent to the Corporation's Office of Public Affairs and Program Office. J. SUSPENSION OR TERMINATION OF GRANT Regulations related to the Corporation's authority to suspend or terminate this grant are contained in 45 C.F.R.§2540.400. In addition, Grantees may suspend or terminate assistance to one of their sub-grantees,provided that such action affords the sub-grantee,at a minimum, the notice and hearing rights described in 45 C.F.R.§2540.400. 31 IL i Jx'1A�0L "IT Civil Rights Non-Harassment Policy The Corporation for National and Community Service(CNCS)is committed to treating all persons with dignity and respect,regardless of non-merit factors such as race,color,national origin,gender,sexual orientation,religion,age, disability, political affiliation, marital or parental status, or military service; and free of sexual, racial, ethnic, religious-or other harassment. Whether in CNCS offices or campuses,in other work-related settings such as training sessions or service sites,or at work-related social events,such harassment is unacceptable and will not be tolerated. Slurs and other verbal or physical conduct relating to an individual's gender, race,ethnicity, religion or any other basis constitute harassment when it has the purpose or effect to interfere with work performance or create an intimidating,hostile,or offensive work 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,and abusive comments or actions that intimidate. Harassment may be by persons of the same or different races,sexes,religions,or ethnic origins. It may be carried out by a CNCS employee or supervisor,a project or site employee or supervisor;a non-employee(e.g.,client);a co- worker,or service member. Conduct directed at another may create an offensive environment for co-workers. I expect CNCS supervisory and management personnel, when made aware of alleged harassment by employees, service participants,or other individuals,to immediately take appropriate action to prevent or end it. CNCS will not tolerate retaliation against a person who raises harassment concerns in good faith. Any employee who violates this policy or asserts a false claim of harassment with a malicious intent will be subject to appropriate discipline,up to and including termination. Any CNCS employee, former employee, or applicant for employment 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), should 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. OCRI may be reached at(202)606-7503 (voice), (202)565-2799(TDD),eo_,cns.gov,or through www.nationalservice.gov. Any employee who experiences or witnesses harassment in the workplace may make a report to Andrew Wasilisin, Director,Workforce Relations and Communications. In addition, we encourage everyone to consider our Alternate Dispute Resolution(ADR)Program as an informal way to resolve workplace conflicts. Our ADR contractor may be reached at(202)265-9572,ext. 1328 (voice)or jodieovcann,aol.com. May 25,2005 signature on file Date David Eisner,Chief Executive Officer IS jq�0 120.1 New York Avenue N.W. * Washington.IIC 2Uj2$: 202 601 6=5 * wwwoAtirnalservice mg Senior Corps* AmeriC'orps* Learn and Serve America ThtPred&aticow3c vke 1 t;ar�sr�r�a sr Grant Program Civil Rights Policy The Corporation for National and Community Service (CNCS) is committed to treating all persons with dignity and respect,without regard to non-merit factors such as race,color,national origin,gender,sexual orientation,religion,age,disability,political affiliation,marital or parental status,or military service; and free of sexual, racial, national origin, religious or other 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 and will not be tolerated. Slurs and other verbal or physical conduct relating to an individual's gender, race, ethnicity, religion or any other basis constitute harassment when it has the purpose or effect to interfere with service performance or create 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. Harassment may be by persons of the same or different races, sexes, religions, or ethnic origins. It may be carried out by 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 take appropriate action to prevent or end it. 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 noncompliance 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, and if another procedure is used, it does not affect the 45-day time limit. OCRI may be reached at(202)606-7503(voice),(202)565-2799(TDD),eoAcns.gov,or through www.nationalservice.gov. May 25,2005 signature on file Date David Eisner,Chief Executive Officer 1201 New York Avenue N.W. * Washington,l}'26$25 2ti2-6 - fl * wwwvA i,o 1servi:m.a�; Senior'Corps* AmeriCorps* Learn and Serve America The pc_s�C9#t6 secvim Exhibit F 3 CSC 06-07,Exhibit F Page I of 2 REIMBURSEMENT RATES/CONDITIONS REQUIREMENTS/RESOURCES Reimbursement shall not be made for expenses incurred within 50 miles of home or headquarters. MEALS/INCIDENTALS- IN-STATE/OUT OF STATE TRAVEL FOR EACH FULL 24 HOUR PERIOD OF TRAVEL 1 Breakfast—actual expense up to $ 6.00 Lunch—actual expense up to $10.00 Dinner—actual expense up to $18.00 Incidentals—actual expense up to $6.00 TIME FRAME REQUIREMENTS FOR CLAIMING MEALS WHILE ON TRAVEL STATUS FIRST DAY OF TRAVEL,TRIP OF 24 HOURS OR MORE: Trip begins at or before 6am: breakfast may be claimed Trip begins at or before I Iam: lunch may be claimed Trip begins at or before 5pm: dinner may be claimed CONTINUING AFTER A TRIP OF 24 HOURS Trip ends at or after 8am: breakfast may be claimed Trip ends at or after 2pm: lunch may be claimed Trip ends at or after 7pm: dinner may be claimed FRACTIONAL DAYS OF TRAVEL—TRIP OF LESS THAN 24 HOURS* Trip begins at or before 6am AND ends at or after 9am: breakfast may be claimed Trip begins at or before 4pm AND ends at or after 7pm: dinner may be claimed *No lunch or incidentals on one day trips. Meals claimed on trips of less than 24 hours when there is no overnight stay are taxable. Meals provided by the State or included in hotel expenses or conference fees,or in transportation costs such as airline tickets, or otherwise provided shall not be claimed for reimbursement. Snacks and continental breakfasts, such as rolls,juice and coffee, are not considered to be meals. No meal expense may be claimed or reimbursed more than once in any given 24-hour period. Page 1 of 2 CSC 06-07,Exhibit F Page 2 of 2 LODGING REIMBURSEMENT SHORT TERM TRAVEL- When overnight lodging expenses are incurred at a commercial lodging establishment catering to the short term traveler, such as hotel, motel, bed and breakfast, public campground etc. The following short term travel lodging rates are effective March 17, 2003. ALL EMPLOYEES Actual lodging expense, supported by a receipt, to a maximum of $84 per night plus tax, EXCEPT AS NOTED BELOW. Receipts include those for public campgrounds. (no receipt- no lodging reimbursement.) In Los Angeles (Central and Western Los Angeles only*) and San Diego counties, actual lodging supported b, a�ipt, to a maximum of$110 plus tax. In Alameda, San Francisco, Santa Clara and San Mateo Counties, actual lodging supported by a receipt, to a maximum of$140 plus tax. *Central and Western Los Angeles is a designated geographical area within the boundaries of Sunset Boulevard on the North, the Pacific Ocean on the West, Imperial Blvd./Freeway 105 on the South, and Freeways 110, 10,and 101 on the East. This area includes downtown L.A., Inglewood, L.A. International Airport, Playa del Rey, Venice, Santa Monica, Brentwood, West L.A., Westwood Village, Culver City, Beverly Hills, Century City, West Hollywood and Hollywood. STATE SPONSORED CONFERENCE, ETC.: Receipted lodging up to $110 when attending a state sponsored conference when the lodging is contracted by the State sponsor for the event, and the State has granted prior approval for attendance and lodging at the contracted rate and establishment. NON-STATE SPONSORED CONFERENCE, ETC.: Receipted at the lodging while attending a non-state sponsored conference when the lodging is contracted by the sponsor for the event, and the State has granted prior approval for attendance and lodging at the contracted rate and establishment. Page 2 of 2 Exhibit G 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;(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.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 0) the requirements of any other nondiscrimination statute(s)which may apply to the application. • • Will comply,or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.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. • 0 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 Page 1 of 3 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 omp conents 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. • 0 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. • • 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. • 0 Will comply with all applicable requirements of all other Federal laws,executive orders,regulations, application guidelines,and policies governing this program CERTIFICATIONS Certification-Debarment,Suspension,and Other Responsibility Matters This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,34 CFR Part 85,Section 85.510,Participants'responsibilities. A. 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 debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency. • Has,within a three-year period preceding this application,been convicted of,or had an adverse civil judgment entered in connection with,fraud or other criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction or records,making false statements,or receiving stolen property. • Is presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification,and • Has not,within a three-year period preceding this application,had one or more public transactions(federal,state or local)terminated for cause or default; B. If you are unable to certify to any of the statements in this certification,you must attach an explanation to this application. Certification-Drug-Free Workplace This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,34 CFR Part 85,Subpart F. The regulations require certification by grantees,prior to award,that they will 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 34 CFR Part 85,Section 85.615 and 85.620). 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: Page 2 of 3 A. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing a drug-free awareness program to inform employees about- the dangers of drug abuse in the workplace, • the grantee's policy of maintaining a drug-free workplace. • any available drug counseling,rehabilitation,and employee assistance programs,and • the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); D. Notifying the employee in the statement required by paragraph(A)that,as a condition of employment under the grant,the employee will: • abide by the terms of the statement,and • notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E. Notifying us within ten days after receiving notice under subparagraph(D)from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions,within 30 days of receiving notice under subparagraph(D),with respect to any employee who is so convicted- Taking appropriate personnel action against such an employee,up to and including termination;or • Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state,or local health,law enforcement,or other appropriate agency; G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A) through(F). 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 subrecipients will certify and disclose accordingly. Certification-Grant Review Process(State Commissions Only) I certify that in conducting our review process,we have ensured compliance with the National and Community Service Act of 1990 as amended,the Corporation's peer review requirements,and all state laws and conflict of interest Page 3 of 3