HomeMy WebLinkAbout2458 - Washington State ESD - Agreement - Americorp Member PlacementDocuSign Envelope ID: 2468E991-2CB0-40BC-83DA-9ED499F2BB7D
MEMBER PLACEMENT CONTRACT BETWEEN
WASHINGTON STATE
EMPLOYMENT SECURITY DEPARTMENT
WASH INGTON SERVICE CORPS
1. INTRODUCTION
AND
CITY OF MARYSVILLE
AmeriCorps Member Placement PY 2021-22
WSC O NLY:
Contract #: K7411
(As assigned by ESD)
This Contract , pursuant to 45 CFR Chapter XXV (§§2 500-2550), and to all app licable
federal , state or loca l laws , rules and regulations , is made and entered into by and
between the Wash ington State Employment Security Department's Washington Service
Corps , hereinafter ca ll ed 'WSC", located at 2 12 Maple Park Avenue SE , Olympia ,
Washington 98501, and
City of Marysville
hereinafter calle d "Sponsoring Organization" at
1049 State Avenue, Marysville WA 98270
In consideration of th e te rm s and conditions co ntained herein , including attached
exhibits , the parties mutua lly agree as follows :
2 . PURPOSE
It is t he purpose of thi s Co ntract to establish terms and condit ions which the
S ponsoring Orga nization and WSC mu st fo llow to meet the requirements of
AmeriCorps .
Project Title(s):
City of Marysville's Emergen cy Management Outreach Project
Fee per Members
Program Participation Fee Type Member Awarded Total Fee
Ind ividual Placement -Tier 1 Stioend $ 10 000 1 $ 10 000
$ $
Grand Total 1 $ 10,000
3 . DEFINITIONS
As used throughout thi s Co ntra ct , the following te rms shall have the meanings set
forth below.
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A. "AMERICORPS" is the operating name for the Corporation for National &
Community Service , a Federal agency.
B. "AMERICORPS MEMBER" or "MEMBER" means an individual who has been
selected to serve in an approved nationa l service position under the AmeriCorps
program .
C . "MINORITY OR WOMEN OWNED BUSINESS ENTERPRISES," shall mean
businesses organized for profit, performing a commercia llyuseful function, which are
legitimately owned and controlled by one or more minority individuals or women and
certi fied by the Office of Minority and Women's Business Enterprises . The minority
owners must be United States c itizens or lawful permanent residents .
D. "SPO NSORING ORGANIZATION" shall mean that agency, firm, organization ,
individual or other entity performing services under this Contract. SPONSORING
ORGANIZATION includes those accepting member placements as a sub-grantee
per the Ame riCorps Terms and Conditions. It sha ll include any Member service site
subcontracted under oral or written agreement with the SPONSORING
ORGANIZATION .
E. "SUB-SERVICE SITE " shall mean that agency, firm , organization , ind ividual or other
entity subcontracted under oral or w ri tten agreement with SPONSORING
ORGANIZATION performing all or part of the services as required by this Contract.
F. "WAS HINGTON SERVICE CORPS " or "WSC" means the sub-agency within ESD
designated as the direct recipient of grant funds from AmeriCorps to implement
an AmeriCorps program in the State of Washington .
4. CONTRACT MANAGEMENT
WSC 's Contract Manager, or his/her successor, shall provide the Sponsoring
Organization the assistance and guidance necessary for the performance of this
Contract. WSC 's Contract Manager shall be responsib le for the review and acceptance
of the Sponsoring Organization's performance, deliverables , invoices and expenses, and
accepting any reports from the Sponsoring Organization.
WSC Contract Manager responsib le for management of this Contract is :
Name: Kari Wood --------------Tit I e : Operations Lead
Phone Number: (888) 713-6080 FAX:
Email : kawood@esd .wa.gov
Sponsoring Organization staff member responsible for management of this Contract is :
Name : J~o~n~N~e=h=r~in"""g _________ _
Title : M~a~yo~r ___________ _
Phone Number: 360-363-8089 FAX:
Email : jnebriog@marysvillewa gov
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5. STATEMENTOFWORK
The Sponsoring Organization shall furnish the necessary personnel and services and
otheiwise do all things necessary for or incidental to the performance of the work set
forth in the Statement of Work, attached and incorporated as Exhibit A.
Failure to comply with the requirements within Exhibit A, Statement of Work, may
result in termination of this Contract and removal of the AmeriCorps Member(s) from
the site, see Sections 38 and 39.
6. TERMS AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed
by the Terms and Conditions of this Contract, including the Statement of Work.
The federal funding source, AmeriCorps, designates that all those accepting member
positions as a sub-grantee (Sponsoring Organizations) will understand fully and
comply with and include in all awards and contracting or agreement processes the
following Terms and Conditions, Assurances and Certifications as part of the federal
granting process:
• AmeriCorps Assurances and Certifications, attached and incorporated herein as
Exhibit B.
• 2021 Terms and Conditions for AmeriCorps State and National Grants,
incorporated by reference.
• 2021 AmeriCorps General Grant and Cooperative Agreement Terms and
Conditions, incorporated by reference. ·
7. CONTRACT TERM
Subject to its other provisions, the contract term is September 1, 2021 to August 31,
2022 unless terminated sooner as provided herein. The member placement may begin
on any date on or after September 1, 2021 that is mutually agreed upon by both parties
so long as Sponsoring Organization fulfills its requirements as stated in Exhibit A no later
than August 31, 2022.
8. REPORTING
The Sponsoring Organization shall comply with the requirements set forth in Section IV
of the Statement of Work, Exhibit A.
9. PAYMENT
The parties have agreed that the total program participation fee payable to WSC for
placing 1 AmeriCorps Member(s) in the project(s) listed above will not exceed
$ __ J0,000.00. ·•-·· ...
The Sponsoring Organization will not be reimbursed for any travel expenses.
10.FEES
A. Program Participation Fee
WSC shall submit an initial invoice to Sponsoring Organization for the total program
participation fee. Failure of Sponsoring Organization to pay the program participation fee
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within 30 days after the invoice date may result in removal of the member(s) from site
and termination of this contract by WSC.
The program participation fee will not be refunded or pro-rated to the Sponsoring
Organization for any Member who terminates service early. If a Member terminates
early, WSC MAY allow a limited opportunity to refill the placement (depending on timing,
and availability of Member placements) at no additional charge to the Sponsoring
Organization, in accordance with WSC policy.
Payment for total program participation fee shall be made in accordance with the table
in Section 1 of this Contract. However, if Sponsoring Organization, upon written notice
to WSC, requests a reduction in the number of originally-awarded placements that
remain unfilled after payment, Sponsoring Organization shall receive a full refund for the
program participation fee of the unfilled placements only.
B. Administrative Fee for Non-Compliance
WSC is required to comply with federal and state law, and provide documentation to
meet regulatory requirements. Failure of the Sponsoring Organization to provide the
required documentation and information required under this Contract puts the program
at risk and creates additional administrative costs for WSC. Therefore, WSC, at its sole
discretion, reserves the right to charge a fee in the amount of $1,000.00 to the
Sponsoring Organization should it not meet its compliance requirements as outlined in
this contract. Any such fee would be used to offset administrative work required by WSC
to ensure the Sponsoring Organization is in compliance.
11. INSURANCE
A. Liability Insurance
The Sponsoring Organization will maintain insurance coverage at all times when
performing services under this Contract via commercial insurance, self-insurance,
or any other similar risk-financing alternative. Written evidence of insurance must
be provided to WSC prior to the commencement of service. Insurance certificates
(evidencing commercial insurance) must list Washington State Employment
Security Department as an additional insured.
The Sponsoring· Organization shall provide insurance coverage or its alternative,
which shall be maintained in full force and effect during the term of this Contract as
follows:
The minimum acceptable limits shall be as indicated below for each of the following
categories:
i. Commercial General Liability covering the risks of bodily injury (including
death), property damage and personal injury, including coverage for
contractual liability, with a limit of not less than $1 million per occurrence/$1
million general aggregate;
ii. Business Automobile Liability (owned, hired, or non-owned) covering the risks
of bodily injury (including death) and property damage, with a combined single
limit of not less than $1 million per accident if the Sponsoring Organization will
require a Member to operate a vehicle in performance of the Member's service.
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B. Industrial Insurance
Prior to performing work under this Contract, Sponsoring Organization shall provide
or purchase industrial insurance coverage for its employees, as may be required of
an "employer" as defined in Title 51 RCW, and shall maintain full compliance with
Title 51 RCW during the course of this Contract. WSC will not be responsible for
payment of industrial insurance premiums or for any other claim or benefit for
Sponsoring Organization which might arise under the industrial insurance laws
during the performance of duties and services under this Contract.
The Sponsoring Organization, unless it is a State entity, waives its immunity under
Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the
State and its agencies, officials, agents or employees.
12.ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
A. Applicable Federal and State Statutes and Regulations;
B. 2021 Terms and Conditions for AmeriCorps State and National Grants,
incorporated by reference;
C. 2021 AmeriCorps General Grant and Cooperative Agreement Terms and
Conditions, incorporated by reference;
D. Those Terms and Conditions as contained in this basic contract instrument;
E. The Statement of Work attached hereto as Exhibit A and incorpor.:1ted herein;
F. Request for Application or Intent to Continue, incorporated by reference;
G. Response to Request for Application, incorporated by reference; and
H. Any other provisions of this Contract whether incorporated by reference or otherwise.
13.USE AND DISCLOSURE OF INFORMATION
The use or disclosure by any party of any information concerning a program recipient
or Member for any purpose not directly connected with the administration of WSC's or
the Sponsoring Organization's responsibilities, with respect to contracted services
provided under this Contract, is prohibited unless required by law or by written consent
of the recipient or Member, their attorney, or their legally authorized representative.
The Sponsoring Organization shall use any private and confidential information
provided under this Contract solely for the purpose for which the information was
disclosed. The Sponsoring Organization shall not disclose or misuse any private and
confidential information under this Contract unless the disclosure is required by law.
The misuse or unauthorized release of private and confidential information shall
subject Sponsoring Organization, its employees or agents to a civil penalty of $5,000
and other applicable sanctions under state (RCW 50.13.060(13) and 50.13.0.80(3)
and federal law.
14.MUTUAL REPRESENTATIONS AND WARRANTIES
Each party represents and warrants to the other party as follows: Such party has the
requisite power and authority and the legal right to enter int □ this Agreement and to
perform its obligations hereunder; and has taken all requisite action on its part to
authorize the execution and delivery of this Agreement and the performance of its
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obligations hereunder. This Agreement has been duly executed and delivered on
behalf of such party, and constitutes a legal, valid, binding obligation, enforceable
against such party in accordance with its terms. All necessary consents, approvals,
and authorizations of all governmental authorities and other persons or entities
required to be obtained by such party in connection with this Agreement have been
obtained.
15.ACCESS TO RECORDS AND FACILITIES/ AUDITS
The Office of the State Auditor, federal granter agency, the Comptroller General of the
United States or any of their duly authorized representatives, and any persons duly
authorized byWSC shall have full access to and the right to examine and copy any or
all books, records, papers, documents and other material regardless of form or type
which are pertinent to the performance of this Contract, or reflect all direct and indirect
costs of any nature expended in the performance of this Contract. In addition, these
entities shall have the right to access, examine and inspect any site where any phase
of the program is being conducted, controlled or advanced in any way. Such sites may
include the home office, any branch office, or other locations of the Sponsoring
Organization. The Sponsoring Organization shall maintain its records and accounts in
such a way as to facilitate the.audit and examination, and assure that Sub-Service Sites
also maintain records that are auditable. Access shall be at all reasonable times not
limited to the required retention period, but as long as records are retained, and at no
additional cost to WSC.
16.ASSIGNMENT
The work to be provided under this Contract, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior
written consent of the other party, which consent shall not be unreasonablywithheld.
17.ASSURANCES
WSC and the Sponsoring Organization agree that all activity pursuant to this Contract
will be in accordance with all applicable current or future federal, state or local laws,
rules and regulations.
18.ATTORNEY FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any
Contract term, clause or provision, each party shall be responsible for its own expenses,
costs and attorney fees.
19.CHANGES AND MODIFICATIONS
A. Changes to any of the terms, conditions, or requirements of this Contract shall be
at the sole discretion of WSC, and only be effective upon written issuance of a
Contract Amendment signed by both parties. However, changes to point of contact
information may be updated without the issuance of a Contract Amendment.
B. Modification of this Contract may be needed when a request from the Sponsoring
Organization to reduce the number of unfilled awarded placements results in an
increase in the program participation placement fee. This modification shall be made
upon mutual written agreement by WSC and the Sponsoring Organization.
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C. In the event none of the placements awarded in this Contract are filled by WSC's
stipulated final member start date, this Contract will be considered null and void.
20.CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,
WSC may, in its sole discretion, by written notice to the Sponsoring Organization
terminate this Contract if it is found after due notice and examination by WSC that there
is a violation of the Ethics in Public Service Act, RCW 42.52, or any similar statute
involving the Sponsoring Organization in the procurement of, or performance under,
this Contract.
In the event this Contract is terminated as provided above, WSC shall be entitled to
pursue the same remedies against the Sponsoring Organization as it could pursue in
the event of a breach of this Contract by the Sponsoring Organization. The rights and
remedies of WSC provided for in this clause shall not be exclusive and are in addition
to any other rights and remedies provided by law. The existence of facts upon which
WSC makes any determination under this clause shall be an issue and may be reviewed
as provided in the DISPUTES clause of this Contract.
21. CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of
the state of Washington, it is considered modified to conform to that statute or rule of
law.
22. DEBARMENT AND SUSPENSION
The Sponsoring Organization certifies that it is in compliance with and shall not contract
with individuals or organizations which are debarred, suspended, or otherwise excluded
from or ineligible from participation in Federal Programs under Executive Order 12549,
and "Government Wide Debarment and Suspension (Nonprocurement) and
Government Wide Requirements for Drug-Free Workplace (Grants)" codified at45 CFR
part 2542.
23. DISALLOWED COSTS
At WSC's sole discretion, and to the extent permitted by law, the Sponsoring
Organization is responsible for any audit exceptions or disallowed costs incurred by
WSC as a result of the Sponsoring Organization's negligence, or the negligence of its
Sub-Service Site(s).
24. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the
parties and it cannot be resolved by direct negotiation, the parties agree to participate
in non-binding mediation in good faith. The mediator shall be chosen by agreement of the
parties. If the parties cannot agree on a mediator, the parties shall use a mediation
service that selects the mediator for the parties. Nothing in this Contract shall be
construed to limit the parties' choice of a mutually acceptable alternative resolution
method such as a disputes hearing, a Dispute Resolution Board, or arbitration.
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25.GOVERNING LAW
This Contract shall be construed and interpreted in accordance with the laws of the
State of Washington and the venue of any action brought hereunder shall be in the
Superior Court for Thurston County. All parties agree to the exclusive jurisdiction of
such court and waive any right to challenge jurisdiction or venue.
26. INDEMNIFICATION
To the fullest extent permitted by law, the Sponsoring Organization shall indemnify,
defend, and hold harmless the State of Washington, WSC, and all officials, agents,
and employees of the State, from and against all claims for injuries or death arising
out of or resulting from the performance of or failure to perform this Contract.
Sponsoring Organization's obligation to indemnify, defend, and hold harmless
includes any claim by Sponsoring Organization's agents, employees, representatives,
or any Sub-Service Site, or its employees.
In the case of negligence of both WSC and the Sponsoring Organization, any
damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
27.INDEPENDENT CAPACITY
Except in cases where the Employment Security Department is the Sponsoring
Organization, the Sponsoring Organization and his or her employees or agents
performing under this Contract are not employees or agents ofWSC. The Sponsoring
Organization will not hold itself out as, nor claim to be, an officer or employee of, WSC
or the Employment Security Department by reason hereof, nor will the Sponsoring
Organization make any claim of right, privilege or benefit which would accrue to such
employee under law. Conduct and control of the work will be solely with the Sponsoring
Organization.
28.INFORMATION TECHNOLOGY RESOURCES
The Sponsoring Organization is required to conserve and protect state resources for
the benefit of the public interest. This requirement is necessary to maintain public trust,
conserve public resources and protect the integrity of state information resources and
systems.
The Sponsoring Organization must conform to ESD Policy and Procedure #2016,
which is hereby incorporated by reference, when using ESD-provided state-owned
information technology resources.
29. PROHIBITED ACTIVITIES
Activities prohibited in AmeriCorps subtitle C programs are described in 45 C.F.R
2520.65. .
A. While charging time to the AmeriCorps project, accumulating service or training
hours, wearing or displaying the AmeriCorps/WSC logo, or otherwise performing
activities supported by the AmeriCorps project or AmeriCorps, the AmeriCorps
Member(s), Sponsoring Organization staff and service site staff may not engage
in the following activities:
1) Attempting to influence legislation;
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2) Organizing or engaging in protests, petitions, boycotts, or strikes;
3) Assisting, promoting, or deterring union organizing;
4) Impairing existing contracts for services or collective bargaining agreements;
5) Engaging in partisan political activities, or other activities designed to influence
the outcome of an election to any public office;
6) Participating in, or endorsing, events or activities that are likely to include
advocacy for or against political parties, political platforms, political candidates,
proposed legislation, or elected officials;
7) Engaging in religious instruction, conducting worship services, providing
instruction as part of a program that includes mandatory religious instruction or
worship, constructing or operating facilities devoted to religious instruction or
worship, maintaining facilities primarily or inherently devoted to religious
instruction or worship, or engaging in any form of religious proselytization;
8) Providing a direct benefit to-
(i) A business organized for profit;
(ii) A labor union;
(iii) A partisan political organization;
(iv) A nonprofit organization that fails to comply with the restrictions contained
in section 501 (c)(3) of the Internal Revenue Code of 1986 except that
nothing in this section shall be construed to prevent participants from
engaging in advocacy activities undertaken at their own initiative; and
(v) An organization engaged in the religious activities described in paragraph
(7) of this section, unless AmeriCorps assistance is not used to support
those religious activities;
9) Conducting a voter registration drive or using AmeriCorps funds to conduct a
voter registration drive;
10) Providing abortion services or referrals for receipt of such services;
11) Such other activities as AmeriCorps may prohibit.
12) Organizing a letter-writing campaign to Congress;
13) Participating in activities that pose a significant safety risk to participants;
14) Preparing any part of a grant.proposal or performing other fund raising functions
to help the project achieve its program placement fee requirements, or to pay
the project's general operating expenses. Additionally, Members cannot write
or support preparation of a grant from AmeriCorps or any other federal agency;
and
15) Fundraising, unless under the following circumstances:
(i) if it provides direct support to a specific service activity;
(ii) falls within the project's approved objectives;
(iii) is not the primary activity of the project; and
(iv) does not exceed 10% of the total hours served in their term.
16) Engaging in census activities. Being a census taker during service hours is
categorically prohibited, along with other census-related activities (e.g.
promotion of the Census, education about the importance of the Census).
17) Providing services for election or polling locations or in support of such
activities.
B. Furthermore, Member(s), Sponsoring Organization staff and service site staff may
not engage in conduct in a manner that would associate their AmeriCorps project,
WSC or AmeriCorps with prohibited activities.
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C. WSC prohibited activities for Members:
In addition to the prohibited activities above, AmeriCorps Members may not
engage in the following activities as part of their service:
1) Organizing a letter-writing campaign to Congress;
2) Participating in activities that pose a significant safety risk to participants;
3) Preparing any part of a grant proposal or performing other fundraising functions
to help the project achieve its program placement fee requirements, or to pay
the project's general operating expenses. Additionally, members cannot write
or support preparation of a grant from AmeriCorps or any other federal agency;
and
4) Fund raising, unless under the following circumstances:
• it provides direct support to a specific service activity;
• falls within the project's approved objectives;
• is not the primary activity of the project; and
• does not exceed 10% of the total hours served in their term.
AmeriCorps Members, like other private citizens, may participate in the above
listed activities on their own time, at their own expense, and on their own initiative.
However, the AmeriCorps/WSC logos must not be worn while doing so.
Federal funding for AmeriCorps Members is approved with the understanding that
member service is directly supporting AmeriCorps objectives. Contrary circumstances
could lead to removal of AmeriCorps Member(s) from the service site and termination
of this Agreement.
30. RECORDS RETENTION
Sponsoring Organization shall retain all books, records, documents and other material
which reflect all direct and indirect costs of any nature expended in the performance of
this Contract, including participant data, for a period of six years from termination of
the Contract. Records shall be retained beyond the above referenced retention
period(s) if litigation or audit is begun prior to the end of the period referenced above, or
if a claim is instituted prior to the end of the period referenced above involving the
Contract covered by the records. In these instances, the records will be retained until the
litigation, claim or audit has been finally resolved.
31. SEVERABILITY
The provisions of this Contract are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Contract.
32.SINGLE AUDIT ACT REQUIREMENTS
If the Sponsoring Organization is a sub-recipient of federal awards as defined by Office
of Management and Budget (0MB) 2 CFR 200, the Sponsoring Organization shall
maintain records that identify all federal funds received and expended. Such funds
shall be identified by the appropriate 0MB Catalog of Federal Domestic Assistance
Numbers. The Sponsoring Organization shall make the Sponsoring Organization's
records available for review or audit by officials of the federal awarding agency, the
Comptroller General of the United States, the General Accounting Office, Employment
Security Department, and the Washington State Auditor's Office. The Sponsoring
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Organization shall incorporate 0MB 2 CFR 200 audit requirements into all contracts
between the Sponsoring Organization and its Sub-Service Sites who are sub-recipients.
The Sponsoring Organization shall comply with any future amendments to 0MB 2 CFR
200 and any successor or replacement Circular or regulation.
If the Sponsoring Organization expends $750,000 or more in federal awards during the
Sponsoring Organization's fiscal year, the Sponsoring Organization shall procure and
pay for a single or program-specific audit for that year. Upon completion of each audit,
the Sponsoring Organization shall submit to the Contract Manager named in this
Contract the audit report and other appropriate documentation as required in 0MB 2
CFR 200.
33.SITE SECURITY
While on WSC premises, Sponsoring Organization, its agents, employees, or Sub-
Service Sites shall conform in all respects with physical, fire or other security policies or
regulations.
34.SMALL, MINORITY, AND WOMEN-OWNED BUSINESS ENTERPRISES
The WSC shall provide to qualified small, minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of
this Contract.
35. SUBCONTRACTING
The Sponsoring Organization shall not subcontract (whether oral or written) work or
services contemplated under this Contract, except as provided for in the Statement of
Work, without obtaining the prior written approval ofWSC for the authority to enter into
subcontracts. WSC retains the authority to review and approve or disapprove all
subcontracts. Sponsoring Organization acknowledges that such approval for any
subcontract does not relieve the Sponsoring Organization of its obligations to perform
hereunder.
Al WSC's request, the Sponsoring Organization will forward copies of Subcontracts and
fiscal, programmatic and other material pertaining to any and all subcontracts.
For any proposed Sub-Service Site, the Sponsoring Organization shall:
A. Be responsible for Sub-Service Site's compliance with the Terms and Conditions in
the Contract, the Statement of Work and the Subcontract terms and conditions;
B. Ensure that the Sub-Service Site follows WSC's reporting formats and procedures
as specified by WSC.
C. Ensure that written agreements with Sub-Service Site(s) reference the primary
contract between Sponsoring Organization and WSC.
36.TAXES
It is mutually agreed and understood that all payments accrued on account of payroll
taxes, unemployment contributions, any other taxes, insurance or other expenses for
the Sponsoring Organization staff be the sole liability of the Sponsoring Organization.
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37.TERMINATION, SUSPENSION AND REMEDIES
A. Termination or Suspension for Cause
In the event WSC determines the Sponsoring Organization has failed to comply
with the conditions of this Contract in a timely manner, WSC has the right to suspend
or terminate this Contract. Before suspending or terminating this Contract for cause,
WSC may, at its sole discretion, notify the Sponsoring Organization in writing of
the need to take corrective action. If corrective action is not taken, the Contract
may be terminated or suspended. In the event of termination or suspension, the
Sponsoring Organization shall be liable for damages as authorized by law including,
but not limited to, any administrative costs.
WSC reserves the right to suspend all or part of this Contract during investigation of
the alleged compliance breach pending corrective action by the Sponsoring
Organization or a decision by WSC to terminate this Contract.
A termination shall be deemed to be a "Termination for Convenience" if the
investigation determines that the Sponsoring Organization: (1) was not in default; or
(2) failure to perform was outside of his or her control, fault or negligence. The rights
and remedies ofWSC provided in this Contract are not exclusive and are in addition
to any other rights and remedies provided by law.
WSC reserves the right to immediately suspend all, or part of, this Contract, when
it has reason to believe that fraud, abuse, malfeasance, misfeasance or
nonfeasance has occurred on the part of the Sponsoring Organization under this
Contract.
B. Termination for Funding Reasons
Either party may unilaterally terminate this Contract in the event that funding from
federal, state or other public sources becomes no longer available to the party
or is not allocated for the purpose of meeting its obligation hereunder. In the event
funding is limited in anyway, this Contract is subject to re-negotiation under any new
funding limitations and conditions. Such action is effective upon receipt of written
notification by the Sponsoring Organization. Positions noted as "OS HS-Funded" are
contingent on receipt of funds for those positions from the Washington State
Department of Social & Health Services.
C. Termination or Suspension for Convenience
Except as otherwise provided in this Contract, WSC may, by ten (10) days' written
notice, beginning on the second day after mailing, suspend or terminate this
Contract, in whole or in part. If this Contract is suspended, the Schedule shall be
delayed for a period of lime equal to the period of such suspension. WSC may, by
ten (10) days' written notice, beginning on the second day after mailing, lift the
suspension of the Contract, in whole or in part, at which time the Schedule and
the parties' right and obligations shall resume to the extent that the suspension is
lifted.
D. Termination for Withdrawal of Authority
In the event that WSC's authority to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior to
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nonnal completion, WSC may terminate this Contract by seven (7) calendar days or
other appropriate time period by written notice to Sponsoring Organization. No
penalty shall accrue to WSC in the event this Section shall be exercised. This
Section shall not be construed to pennit WSC to tenninate this Contract in order
to acquire similar Services from a third party.
38.TERMINATION PROCEDURE
Upon termination of this Contract, WSC, in addition to any other rights provided in this
Contract, may require the removal of Member(s) from their service site(s).
The rights and remedies ofWSC provided in this Section shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Contract.
After receipt of a notice of tennination and except as otherwise directed by WSC, the
Sponsoring Organization shall:
A. Stop work under this Contract and service provided by WSC's AmeriCorps
Member(s) on the date, and to the extent specified, in the notice;
B. Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of WSC to the extent WSC may
require, which approval or ratification shall be final for all purposes of this clause;
C. Complete performance of such part of the work.as shall not have been terminated
byWSC; and
D. Take such action as may be necessary, or as WSC may direct, for the protection
and preservation of all performance measurement data related to the Member
service which is in the possession of the Sponsoring Organization Upon WSC's
direction, Sponsoring Organization must deliver such data to WSC in the manner,
at the times and to the extent directed by WSC.
39.TREATMENT OF ASSETS
A Any property of WSC furnished to the Sponsoring Organization shall, unless
otherwise provided herein, or approved by the Program Manager in writing, be used
only for the performance of this Contract.
B. Property will be returned to WSC in like condition to that in which it was furnished
to the Sponsoring Organization, nonnal wear and tear excepted. The Sponsoring
Organization shall be responsible for any loss or damage to property of WSC in
the possession of the Sponsoring Organization which results from the negligence
of the Sponsoring Organization or which results from the failure on the part of the
Sponsoring Organization to maintain said property in accordance with sound
management practices.
C. If any WSC property is damaged or destroyed, the Sponsoring Organization
shall notify WSC and shall take all reasonable steps to protect that property from
further damage.
D. The Sponsoring Organization shall surrender to WSC all property of WSC upon
completion, termination or cancellation of this Contract.
E. All reference to the Sponsoring Organization under this clause shall include any
employees, agents or Sub-Service Sites.
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40.USE OF NAME PROHIBITED
The Sponsoring Organization shall not in any way contract on behalf of or in the name
ofWSC. Nor shall the Sponsoring Organization release any informational pamphlets,
notices, press releases, research reports, or similar public notices concerning this
project without obtaining the prior written approval of WSC.
41.WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by authorized representative of
WSC.
42.ELECTRONIC SIGNATURES, COUNTERPARTS, AND DELIVERY
The parties agree that this contract may be executed in multiple counterparts, each of
which is deemed an original and all of which constitute only one agreement; and that
electronic signature, ore-signature, of this contract shall be the same as execution of an
original ink signature; and that E-mail, electronic, or facsimile delivery of a signed copy
of this contract shall be the same as delivery of an original.
43.ALL WRITINGS CONTAINED HEREIN
This Contract sets forth in full the entire agreement of the parties in relation to the subject
matter hereof. Any other agreement, representation, or understandings, verbal or
otherwise, relating to the professional services of the Sponsoring Organization or
otherwise dealing in any manner with the subject matter of this Contract is hereby
deemed to be null and void and of no force and effect whatsoever.
By signing below, the Sponsoring Organization agrees to perform all actions and
support all intentions of this Contract and all terms and conditions of the Exhibits and
Attachments.
IN WITNESS WHEREOF, the parties have executed this Contract.
Washington State
Employment Security Department
City of Marysville
Ashley Palmer Jon Nehring
By By (print name)
Interim Director
Title
Ion Nehring
Title
Signature Signature
September 8, 2021 ! 4:35 PM PDT September 8, 2021 ! 2:27 PM PDT
Date Date
Attachments:
Exhibit A Statement of Work
Exhibit 8 AmeriCorps Assurances and Certifications
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AmeriCorps Member Placement PY 2021-22
STATEMENT OF WORK
Exhibit A
Responsibilities of the Sponsoring Organization
Section 1-Sponsoring Organization Duties and Financial Responsibilities
1. Provide transportation or mileage reimbursement to Member(s) to conduct service
away from their established service site during service hours. Reimbursement amount
is subject to Sponsoring Organization's written travel policy, not to exceed federally-
allowable transportation or mileage reimbursement. In the absence of written policy,
reimbursement must follow federal guidelines.
2. Provide lodging and meals to Member(s) when travel (including overnight) is
necessary to perform site-required service or training away from. the service site.
Reimbursement amount is subject to Sponsoring Organization's written travel policy,
not to exceed federally-allowable transportation or mileage reimbursement. In the
absence of written policy, reimbursement must follow federal guidelines.
3. Provide transportation or mileage reimbursement to Member(s) who attend the
required member regional training, to be scheduled in program year 2021-22.
Reimbursement amount is subject to Sponsoring Organization's written travel policy,
not to exceed federally-allowable transportation or mileage reimbursement. In the
absence of written policy, reimbursement must follow federal guidelines.
4. Reimburse WSC for costs of any FBI checks that are beyond the allowed one FBI
check per enrolled position, including, but not limited to:
• cancellation or rescheduling fees incurred due to no-shows or changes made with
less than 24 hours' notice to Fieldprint;
• applicants who back out after fingerprinting;
• applicants who do not follow instructions and must re-do the FBI check;
• applicants who do not enter their l!lgal name as it appears on their government-
issued photo ID when registering with Fieldprint.
5. Directly pay for or reimburse Member-Applicants for any background checks the
Sponsoring Organization may require beyond the criminal history checks required by
the Corporation for National and Community Service.
6. All Member expenses to serve at the site are the responsibility of the Sponsoring
Organization. This includes, but is not limited to, Member reasonable accommodation
or ergonomic assessment.
7. Comply with the Grant Program Civil Rights and Non-Harassment Policy (incorporated
by reference), Assurances and Certifications (incorporated by reference), AmeriCorps
Member Service Agreement (incorporated by reference) and the Request for
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Application / Intent to Continue Expectations & Agreements (incorporated by
reference).
8. Abide by all applicable state and federal laws and CNCS policy on Equal Opportunity
Employment. An environment free of discrimination for all AmeriCorps Members must
be provided. Recognizing that the fabric of our society is strengthened by the diversity
of its citizens, the policy of CNCS is to ensure a mutual respect for all differences
among us. Discrimination for race, color, gender, national origin, religion, age, mental
or physical disability, sexual orientation, marital or parental status, military service,
and religious, community or social affiliations, or any other category protected by state
or federal non-discrimination law will not be tolerated. Treatment of all Members must
be based upon merit.
9. Comply with all WSC Policies, Procedures, and other guidance in effect during the
term of this Contract, including the current policies and procedures listed below, and
other policies or procedures that may be developed and implemented throughout the
program year:
POL-105-Providing Adequate Oversight & Support of Members
POL-11 O -Completing National Service Criminal History Checks
POL-120-Managing Member Hours
POL-121 -Ensuring Service Activities are Allowable
POL-122-Managing Alternative Service
POL-123-Managing Member Leave
POL-124-Managing Member Participation in WSC Training
POL-125-Managing Limited Teleservice by Members
POL-130-Managing Member Conduct
POL-131 -Managing Member Appearance and Use of Service Gear
POL-133 -Managing Member Accidents-Injuries
POL-140 -Managing Reasonable Accommodation Requests for Members
POL-141 -Handling Compelling Personal Circumstances Requests
POL-150 -Managing Member Transfers
POL-155-Refilling Positions
POL-160 -Managing Member Deployment for Disaster Response
10. Establish and impart safety guidelines and rules that ensure the well-being of the
Member(s) and participants.
11. Ensure Sponsoring Organization has current Drug-Free Work Place and Non-
Discrimination Policies, and these are shared and made available to Member(s).
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12. Ensure that Member(s) provides direct service in accordance with the position
description.
• Ensure any changes to duties are updated on the Member Position Description
form and immediately sent to WSC.
• Administrative and/or janitorial duties that are directly related to and are necessary
to reach the Member's service goals, will be allowed. However, administrative
and/or janitorial duties that support general organizational goals are notallowed.
13. Ensure that service activities do not displace or supplant employees. Service activities
and project must expand or enhance the organization's impact, not simply sustain a
service or work of the organization.
14.AmeriCorps positions are unique and limited in scope. If the Sponsoring Organization
ascertains that the Member's position is the same or substantially similar to that of
union-represented employees of the Sponsoring Organization or service site, the
Sponsoring Organization must obtain and provide written concurrence of the
AmeriCorps placement from the local labor organization.
15. Ensure accuracy of Member's service.
• Monitor Member(s) service hours to ensure that the Member is serving an average
of at least 40 hours a week for the full term of service, and is on track to complete
the required minimum service hours indicated in the Member Service Agreement.
• Members must get adequate breaks according to the Member Service Agreement.
This includes a lunch break of at least 30 minutes.
• Monitor timesheets for accuracy and to ensure Member(s) do not exceed the
percentage of time allowed in training (20%) and fund raising (10%).
• Project staff will approve all member electronic timesheets through the WSC
electronic timesheet system no later than five (5) business days after the end of
each semi-monthly living allowance payment period.
• No hours can be granted for service out of state (disaster deployment may be only
consideration).
• Member training out-of-state can only occur with prior WSC approval.
• Generally, no hours can be granted for out-of-country trainings. In rare cases, this
may be allowed with prior written approval of WSC.
• No hours can be performed prior to the first day of the term of service.
• No hours can be performed after the last day of the term of service.
16. Ensure that Member(s) do not participate in any activities which are not allowable
under CNCS regulations and guidance.
17. Communicate to Member(s) that they must be available to serve the hours needed by
the project including any weekend and evening service activities.
18. Ensure AmeriCorps Member(s) wear AmeriCorps gear daily while serving.
WSC Member Placement Contract PY21 -Exhibit A-Statement of Work
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19. Prominently display WSC logo on Sponsoring Organization's website, and marketing
or educational materials produced by the Sponsoring Organization to be used in
promotion of the AmeriCorps position or project.
20. Ensure service site has the WSC and AmeriCorps*State logos visibly posted as
follows:
• In a prominent location visible to staff and customers where member serves: sign
with WSC logo, AmeriCorps logo, and "AmeriCorps Member Serves Here".
• At the entrances to the building where Member serves: sign with WSC logo,
AmeriCorps logo, and (optional) service site name.
• On the service site's website with a link to information about the Washington
Service Corps and Washington Reading Corps.
21. Prominently display signage provided by WSC (or its equivalent) at the Member's
service site listing AmeriCorps prohibited activities (reference Section 29(A),
Prohibited Activities).
22. When communicating with customers, stakeholders, Legislative Representatives, or
media about the program a Member is serving in, the Sponsoring Organization and
any Member service site will identify the roles of both the Washington Service Corps
and AmeriCorps in the project. For example: "As part of the Washington Service
Corps, the AmeriCorps Members serving at (organization name) ...... "
23. If the Member is reimbursed for use of a personal vehicle in the performance of their
service duties, require and retain member's proof of valid driver's license and current
proof of vehicle insurance.
24. Participate in the following types of monitoring/audits from federal or state WSC
program partners:
• Desk review of program documents by WSC Site and Member Services
Coordinator or an authorized representative.
• On-site monitoring/audit process by WSC Site and Member Services Coordinator
or an authorized representative. This includes allowing access to member or
program files, documents and materials; as well as• access to members and staff
for interviews.
• Scheduled programmatic visits as requested by WSC state program/funding
partners (such as Serve Washington, CNCS, or Washington State Employment
Security Department).
25. Host scheduled programmatic visits as requested by WSC Site & Member Services
Coordinator or authorized partner/stakeholder related to the program.
26. In the event of any change to the information regarding the Sponsoring Organization,
notify the WSC Site & Member Services Coordinator within ten (10) working days.
27. Ensure that AmeriCorps Member eligibility verification is met.
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28. Ensure that AmeriCorps Member(s) do not accept or solicit monetary or other service
site compensation from the Sponsoring Organization or in addition to their WSC
stipend or living allowance while serving as a Member of the WSC.
Section II -Recruitment and Enrollment of AmeriCorps Member(s)
1. Conduct recruitment, interviews, and selection of Members according to guidance
provided by WSC.
2. _Comply with WSC criminal history check requirements as identified in guidance
including, but not limited to, WSC policy #POL-110. Comply with other criminal history
check requirements that may be developed and required throughout the program year
to maintain CNCS compliance.
3. Submit all required Member enrollment documents to WSC by the required date. The
enrollment documents must be complete, accurate, and approved in advance by
WSC.
Section Ill -Oversight of WSC Project and Support of AmeriCorps Member(s)
1. At the time of enrollment of Member(s), identify staff persons from the Sponsoring
Organization who are to provide oversight and support of the Member(s).
• Identify a Sponsoring Organization staff to be the primary point of contact for the
AmeriCorps project.
• Identify a service site staff to provide primary oversight and support for the
Member(s) at the service site location.
• Identify backup staff to provide oversight and support to the member when the
primary staff is not available.
2. In the event of a change in site staff, follow WSC policy #POL-105.
3. Orient any new site staff to their AmeriCorps duties and ensure they review this
Contract, the WSC Member Service Agreement, and the policies & guidance materials
on the WSC website.
4. Update Member position descriptions as necessary and submit signed forms to WSC
for approval. Changes in Member's service site, schedule, or duties require an
amended position description. If the WSC becomes aware of any change without prior
approval, it may result in the removal of the member from the Sponsoring
Organization.
5. Ensure Member's site staff completes core required trainings provided by WSC, and
any other WSC-required training offered throughout the program year, which may be
offered virtually through elearning, synchronous virtual training or in-person instructor
led events. Failure to complete required training will be considered a non-compliance
issue, subject to. Section 37, Termination, Suspension and Remedies, and may
jeopardize future placements of WSC AmeriCorps Members with the Sponsoring
Organization.
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6. Ensure that site staff follow professional standards in its oversight of Members in
alignment with WSC training and policy. All Members should be treated with
professionalism, respect and given opportunities to learn through their experience.
Failure to adequately oversee Members in alignment with WSC policy and WSC site
staff training will be considered a non-compliance issue, subject to Section 37,
Termination, Suspension and Remedies, and may jeopardize future placements of
WSC AmeriCorps Members with the Sponsoring Organization.
7. Orient Member(s) to AmeriCorps, WSC, the Sponsoring Organization, service site,
the community demographics and client base, and the service they will provide.
Ensure Member(s) are made aware of and understand the Prohibited Activities, as
well as policies and procedures of WSC, the Sponsor Organization and Sub-Service
Site.
8. Ensure Member(s) are aware of safety measures and procedures of the Sponsoring
Organization and Sub-Service Site.
9. Provide Member access to project documents, to include but not limited to Member
Service Agreement, Request for Application, Contract and Exhibits, Performance
Plan, etc.
1 O. Inform Member(s) about Sponsoring Organization rules of conduct and appropriate
behavior, including procedures for communicating service hours and absences.
Provide Member(s) with policy manuals and/or handbooks, and include organizational
chart for Sponsoring Organization.
11. Introduce Member(s) to other Sponsoring Organization staff and include Member(s)
in appropriate Sponsoring Organization functions. Orient the service site staff to the
Member and the duties, as well as the differences between an AmeriCorps member
and staff.
12. Facilitate the development of a team environment where Members are part of the
service site team contributing to the mission of the organization through direct service
to beneficiaries.
13. Provide appropriate tools and equipment for the Member(s) to perform service and to
communicate with WSC.
14. Recognize and support distinct roles and responsibilities of the Member(s) as outlined
in the Member's position description. If the service site has closures (e.g. school
breaks) throughout the year, incorporate plans for alternate service activities during
these closures.
15. Provide oversight of the Member's progress and skill development, including
Member's participation in required site and WSC training.
16. Ensure Member(s) serve on Martin Luther King Jr. National Day of Service and any
other day(s) communicated in advance by WSC as a required day of service or special
initiative, and encourage participation in other days of national service which occur
during the term of service.
WSC Member Placement Contract PY21 -Exhibit A -Statement of Work
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17.Communicate within one (1) business day with WSC Site & Member Services
Coordinator regarding Member(s) performance issues or other program concerns.
18. Document Member performance/personnel issues in writing, including actions taken
toward resolution.
• Forward documentation to WSC within one (1) business day to ensure proper
documentation for Member file.
• Obtain WSC approval prior to taking action to remove or transfer a M,ember.
19. Follow Member discipline procedures as outlined in the Member Service Agreement
and WSC policy #POL-130.
• Work with the WSC Site & Member Services Coordinator if there are any service
site policy conflicts or different approaches. These are to be coordinated for clear
and consistent messages to Member(s), should disciplinary issues emerge.
• Please also refer to Section 12, Order of Precedence, as contained within this
Contract.
20. If the Sponsoring Organization fails to follow required WSC member progressive
discipline (as noted in the Member Service Agreement & WSC Policy #POL-130) and
subsequently terminates the Memb~r from service, and the Member's grievance
hearing grants the former Member a pro-rated education award, the Sponsoring
Organization will repay the pro-rated education award amount to WSC,
21. Use retention strategies to ensure Member(s) successfully completes their full term of
service.
22. If the Sponsoring Organization, or one of its Sub-Service Sites, hires a Member as an
employee before the completion of that Member's agreed-upon term of service, the
WSC may elect not to place another Member with the Sponsoring Organization or the
Sub-Service Site in the future.
23. If a Member indicates the intent to leave their service early, the Sponsoring
Organization will:
• Troubleshoot reasons for exit with Member and WSC in efforts to retain Member.
• If Member still decides to terminate service early, work with the Member to
complete all WSC-required exit documentation, per the checklist on WSC website,
prior to the Member leaving service.
24. Members may not serve in other positions or be under a work, pay or reimbursement
agreement or contract for performing work within the Sponsoring Organization or Sub-
Service Site while under current WSC Member Service Agreement.
Section IV -Performance Measures and Reporting
1. Collaborate with WSC and the Member(s) to develop a well-defined project that has
clear goals and objectives in accordance with the Member's position description and
the Request for Application (incorporated by reference).
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Once project plan is approved, any adjustments or revisions need prior written
approval by WSC.
2. Ensure performance objectives are quantifiable and demonstrate the impact of the
Member's service in one of the focus areas, as defined in application and negotiated
in writing with WSC.
3. Implement data tracking tools, as agreed-upon by WSC, to use for collecting data on
the performance objectives negotiated following award notification.
4. Complete Performance Plan and Data Collection Strategy documents, with tools,
assessments and surveys included, following award notification and negotiation and
submit by due date provided by WSC. WSC will confirm approval and acceptance of
the plan.
5. Ensure that the Performance Measure plan, Data Collection Strategy document and
the Member's position description are in alignment to meet the agreed upon targets
and support the interventions and data collection process.
6. Comply with other records retention requirements that may be developed and required
throughout the program year.
7. Submit quarterly progress reports according to the annual calendar provided byWSC,
or .as requested by WSC, on outputs and outcomes for each performance target as
defined in the Performance Measure Plan and Strategy documents and the Member's
position description.
• Upload project site aggregate participant rollup report into the WSC-designated
reporting system.
8. Support the Member(s) in reaching the performance goals for volunteer recruitment
and training.
Track and report on goals for episodic and ongoing volunteers, hours to be served by
volunteers, number of veteran and military family volunteers (if requested), and
effective volunteer management strategies.
9. Submit original, signed performance evaluations of the Member twice during the
service term (by due dates provided by WSC) using forms provided on the WSC
website.
10. Notify WSC of impending scheduled visits by stakeholders such as representatives of
the Legislature or Congress, or events or activities that may warrant media support.
Follow WSC guidance for media relations and interactions including releases for all
pictures.
11. Report AmeriCorps-sponsored activities and events in which stakeholders, legislators
or other elected officials are invited to be educated in the effectiveness of the
AmeriCorps program.
12. Ensure that Member(s) submit at least one "Story of Service" per quarter (due dates
will be communicated by WSC).
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13. Submit copies of written or electronic articles that highlight Member(s) and/or
AmeriCorps project as they occur.
14. Provide, as requested by WSC, additional performance-and programmatic-related
information as needed throughout the program year. This could include response to
program impact evaluation surveys, interviews, request for materials, etc.
15. If data sources are external to the Sponsoring Organization, ensure that
appropriate/required data sharing agreements are in place with those data sources.
16.Support WSC program evaluation, working with external program evaluator sources
as required.
Section V -Career Development/Training
1. Provide adequate training to ensure Member is prepared for the roles and
responsibilities of the project.
2. Provide a minimum of two (2) site-specific trainings to Member related to the service
position.
• No more than 20% of Member's total service hours may be spent in training.
• Training received by Member during orientation does not count toward the site-
specific training.
3. Submit all requests for approval of out-of-state training for the Member to the WSC at
least two weeks in advance of the training.
4. Support Member(s) in attending WSC training and career development opportunities.
• Release Member(s) to attend mandatory training events, service projects, and
other WSC events including WSC-sponsored regional trainings.
• Ensure members meet all core training requirements.
5. Ensure Member(s) complete core required trainings provided by WSC, and any other
WSC-required training offered throughout the program year. Should the Member(s)
fail to complete all WSC-required training offered during the Member's term of service,
the Sponsoring Organization will be considered to be non-compliant with the contract
terms herein, subject to Section 37, Termination, Suspension and Remedies and may
jeopardize future placements. of WSC AmeriCorps Members with the Sponsoring
Organization.
6. Release Member(s) from regular service to respond to disasters in accordance with
WSC Policy #POL-160. Out-of-state deployments must meet specific CNCS criteria,
and require prior written approval of WSC.
Section VI -Sustainability
1. The AmeriCorps project must support the long-term goals of the Sponsoring
Organization, and the Sponsoring Organization must be committed to the project.
2. The project must be designed to yield results beyond the Member(s) term of service.
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3. The Member(s) position is to enhance or expand the Sponsoring Organization's
service to its clients or participants through the project where the Member(s) will be
placed, not to maintain existing programs or replace (supplant) staff.
Section VII -Other Responsibilities
Responsibilities of Washington Service Corps
1. Provide program orientation for Members, Sponsoring Organization contract
manager, and project site staff.
2. Provide on-going technical support to Members, Sponsoring Organization contract
manager, and project site staff by telephone and/or e-mail, webinars, other technology
assisted approaches as available and accessible, and on-site visits as arranged.
3. Communicate expectations and procedures about Member service and performance.
4. Create position listing(s) on MyAmeriCorps.gov on behalf of the Sponsoring
Organization, and assist, as necessary, in recruitment of applicants on behalf of the
Sponsoring Organization.
5. Conduct desk reviews and on-site monitoring reviews, and issue reports that list
findings, concerns and observations. Provide technical assistance to the Sponsoring
Organization and Members to complete corrective action.
6. Ensure oversight of electronic timesheets for each Member, and maintain the official
permanent Member file.
7. Process Member living allowance for payment on the 5th and the 20th of each month.
8. Provide State Industrial Insurance (aka Worker's Compensation) coverage for
Members.
9. Provide Medical Insurance coverage for the AmeriCorps Member(s) who do not
already have coverage.
10. Provide Sponsoring Organizations with WSC/AmeriCorps logo posters to post in a
prominent location.
11. Provide Members with basic AmeriCorps gear.
12.Provide training and development opportunities to Members.
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ASSURANCES
AmeriCorps Member Placement PY 2021-22
CNCS ASSURANCES AND CERTIFICATIONS
Exhibit B
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 Corporation for National and Community Service (CNCS), the CNCS
Inspector General, 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 initiate and complete the activities described in the application within the
applicable time frame after receipt of CNCS's approval.
• Will comply with all federal statutes relating to nondiscrimination, including any self-
evaluation requirements. These include but are not limited to: ·
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et.seq.), which prohibits
federal grantees from discriminating on the basis of race, color, or national
origin;
2. 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 in an
educational program or activity that receives or benefits from federal financial
assistance;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
which prohibits federal grantees from discriminating on the basis of disability;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits the exclusion of any person on the basis of age from participating in
any program or activity receiving federal financial assistance;
5. 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 dwellings
provided in whole or in part with the aid of CNCS funding;
6. Any other nondiscrimination provisions in the National and Community Service
Act of 1990, as amended (NCSA), or the Domestic Volunteer Service Act of
1973, as amended (DVSA); and
7. The requirements of any other nondiscrimination statute(s) which may apply to
the application.
WSC Member Placement Contract PY21 -Exhibit B Page1of7
DocuSign Envelope ID: 2468E991-2CB0-40BC-83DA-9ED499F2BB7D
• Will comply with section 543 of the Public Health Service Act of 1912 (42 U.S.C.
290dd-2), as amended, relating to confidentiality of alcohol and drug abuse patient
records.
• If a governmental entity -
1. Will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 2601 et seq.), which govern
the treatment of persons displaced or whose property is acquired as a result of
federal or federally assisted programs, and
2. 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 assist CNCS 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 (16 U.S.C. 469a-l et seq.).
• Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act of 1984, as amended, and 2 CFR Part 200, Subpart F.
• Will, when issuing statements, press releases, requests for proposals, bid solicitations
and other documents describing projects or programs funded in whole or in part with
CNCS funds, clearly state -(1) the percentage of the total costs of the program or
project which will be financed with Federal money; (2) the dollar amount of Federal
funds for the project or program; and (3) percentage and dollar amount of the total
costs of the project or program that will be financed by non-governmental sources.
• Will not provide any CNCS funding to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or
successors.
• Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, application guidelines, and policies governing the program under which
the application is filed.
• Will comply with all rules regarding prohibited activities, including those stated in
applicable Notice, grant provisions, and program regulations, and will ensure that no
assistance made available by the CNCS will be used to support any such prohibited
activities.
• Will comply with the nondiscrimination provisions in the NCSA, which provide that an
individual with responsibility for the operation of a project or program that receives
assistance under the NCSA shall not discriminate against a participant in, or member
of the staff of, such project or program on the basis of race, color, national origin, sex,
age, political affiliation, disability, or religion.
• (NOTE: the prohibition on religious discrimination does not apply to the employment
of any staff member paid with non-CNCS funds or paid with CNCS funds but employed
with the applicant organization prior to or on the date the grant was awarded. If your
organization is a faith-based organization that makes hiring decisions on the basis of
religious belief, your organization may be entitled, under the Religious Freedom
Restoration Act, 42 U.S.C. § 2000bb, to receive federal funds and yet maintain that
hiring practice, even though the NCSA includes a restriction on religious discrimination
in employment of staff hired to work on a CNCS-funded project and paid with CNCS
WSC Member Placement Contract PY21 -Exhibit B Page 2 of?
DocuSign Envelope ID: 2468E991-2CB0-40BC-83DA-9ED499F2BB7D
grant funds. (42 U.S.C. § 5057(c)). For the circumstances under which this may
occur, please see the document "Effect of the Religious Freedom Restoration Act on
Faith-Based Applicants for Grants" at: https://www.justice.gov/archive/fbci/effect-
rfra.pdf.
• Will provide, in the design, recruitment, and operation of any AnieriCorps program, for
broad-based input from -(1) the community served, the municipality and government
of the county (if appropriate) in which the community is located, and potential
participants in the program; and (2) community-based agencies with a demonstrated
record of experience in providing services and local labor organizations representing
employees of service sponsors, if these entities exist in the area to be served by the
program;
• Will, prior to the placement of participants, consult with the appropriate local labor
organization, if any, representing employees in the area who are engaged in the same
or similar work as that proposed to be carried out by an AmeriCorps program, to
ensure compliance with the non-displacement requirements specified in section 177
of the NCSA;
• Will, in the case of an AmeriCorps program that is not funded through a state, consult
with and coordinate activities with the State Commission for the state in which the
program operates;
• Will ensure that any national service program carried out by the applicant using
assistance provided under section 121 of the NCSA and any national service program
supported by a grant made by the applicant using such assistance will address unmet
human, educational, environmental, or public safety needs through services that
provide a direct benefit to the community in which the service is performed;
• Will comply with the non-duplication and non-displacement requirements set out in
section 177 of the NCSA, and in CNCS's regulations at 45 CFR § 2540.100;
• Will comply with the grievance procedure requirements as set out in section 176(f) of
the NSCA and in. CNCS's regulations at 45 CFR § 2540.230;
• Will provide participants in the national service program with the training, skills, and
knowledge necessary for the projects that participants are called upon to perform;
• Will provide support services to participants, such as information regarding G.E.D.
attainment and post-service employment, and, if appropriate, opportunities for
participants to reflect on their service experiences;
• Will arrange for an independent evaluation of any national service program that is
carried out using assistance provided to the applicant under section 121 of the NCSA
and 45 C.F.R. Part 2522, Subpart E; or, with the approval of CNCS, conduct an
internal evaluation of the program;
• Will apply measurable performance goals and evaluation methods, which are to be
used as part of such evaluation to determine the program's impact on communities
and persons served by the program, on participants who take part in the projects, and
in other such areas as required by CNCS;
• Will ensure the provision of a living allowance and other benefits to participants as
required by CNCS;
• Has not violated a federal criminal statute;
WSC Member Placement Contract PY21 -Exhibit B Page 3 of7
DocuSign Envelope ID: 2468E991-2CB0-40BC-83DA-9ED499F2BB7D
• If a state applicant, will ensure that the state subgrants that will be used to support
national service programs are selected in conformance with the requirements of the
NCSA;
• If a state applicant, will seek to ensure an equitable allocation within the state of
assistance and approved national service positions, taking into consideration such
factors as the locations of the programs, population density, and economic distress;
• If a state applicant, will ensure that not less than 60% of the assistance will be used
to make grants to support national service programs other than those carried out by a
state agency, unless CNCS approves otherwise based upon the state applicant not
having a sufficient number of acceptable applications to meet the 60% threshold.
CERT/FICA TIONS
The certifications set out below are material representations upon which the Corporation
for National and Community Service (CNCS) will rely when it determines to award a
grant. False certification, or violation of the certification, may be grounds for suspension
of payments, suspension or termination of grants, or government-wide suspension or
debarment (see 2 CFR Part 180, Subparts G and HJ.
Certification -Debarment, Suspension, and Other Responsibility Matters
This certification is required by 0MB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement), 2 CFR Part 180, Section 180.335, What
information must I provide before entering into a covered transaction with a Federal
agency?
As the duly authorized representative of the applicant, I certify, to the best of my
knowledge and belief, that neither the applicant nor its principals:
• Is presently excluded or disqualified;
• Has been convicted within the preceding three years of any of the offenses listed in 2
CFR § 180.800(a) or had a civil judgment rendered against it for one of those offenses
within that time period;
• Is presently indicted for, or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with, commission or any of the offenses listed in 2 CFR
§ 180.800(a); or
• Has had one or more public transactions (federal, state, or local) terminated within the
preceding three years for cause or default.
Certification -Drug Free Workplace
This certification is required by section 184 of the NCSA (42 U.S.C. 12644), sections
5150-5160 of the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-8106), and CNCS's
implementing regulations at 2 CFR Part 2245, Subpart B. Under these authorities,
grantees must certify, prior to award, that they will make a good faith effort, on a
continuing basis, to maintain a drug-free workplace.
As the duly authorized representative of the applicant, I certify, to the best of my
knowledge and belief, that the applicant will provide a drug-free workplace by:
WSC Member Placement Contract PY21 -Exhibit B Page 4 of 7
DocuSign Envelope ID: 2468E991-2CB0-40BC-83OA-9EO499F2887O
A. Publishing a drug-free workplace statement that:
1. Notifies employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's
workplace;
2. Specifies the actions that the grantee will take against employees for violating that
prohibition; and
3. Informs employees that, as a condition of employment under any award, each
employee will abide by the terms of the statement and notify the grantee in writing
if the employee is convicted for a violation of a criminal drug statute occurring in
the workplace within five days of the conviction;
B. Requiring that a copy of the statement described in paragraph (A) be given to each
employee who will be engaged in the performance of any federal award;
C. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
and
4. The penalties that the grantee may impose upon them for drug abuse violations
occurring in the workplace;
D. Providing CNCS, as well as any other federal agency on whose award a convicted
employee was working, with written notification within 10 calendar days of learning
that an employee has been convicted of a drug violation in the workplace;
E. Taking one of the following actions within 30 calendar days of learning that an
employee has been convicted of a drug violation in the workplace:
1. Taking appropriate personnel action against the employee, up to and including
termination; or
2. Requiring that the employee participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for these purposes by a federal, state, or local
health, law enforcement, or other appropriate agency;
F. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (A) through (E).
Certification -Lobbying Activities
As required by 31 U.S.C. 1352, 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;
WSC Member Placement Contract PY21 -Exhibit B Page 5 of 7
DocuSign Envelope ID: 2468E991-2CB0-40BC-83DA-9ED499F2BB70
• 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 sub-recipients
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, and all state laws and conflict of interest
rules.
Certification -Federal Tax Liability
I certify that, if the applicant is a corporation,
A. The corporation does not have any unpaid federal tax liability-
1. That has been assessed,
2. For which all judicial and administrative remedies have been exhausted or have
lapsed, and
3. That is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, or
B. A federal agency has considered suspension or debarment of the corporation based
on the unpaid tax liability and has made a determination that this further action is not
necessary to protect the interests. of the government.
Certification -Felony Criminal Conviction under Federal Law
I certify that, if the applicant is a corporation,
A. The corporation has not been convicted of a felony criminal violation under any federal
law within the preceding 24 months, or
B. A federal agency has considered suspension or debarment of the corporation based
on that conviction and has made a determination that this further action is not
necessary to protect the interests of the government
Certifications -Subgrants and Lower Tiered Nonprocurement Transactions with
Excluded or Disqualified Persons (NCSA Subtitle C and Social Innovation Fund
applicants only)
Definitions
The terms "debarment," "suspension," "excluded," "disqualified," "ineligible," "participant,"
"person," "principal," "proposal," and "voluntarily excluded" as used in this document have
the meanings set out in 2 CFR Part 180, Subpart I, "Definitions." A transaction shall be
considered a "covered transaction" if it meets the definition in 2 CFR Part 180 Subpart B,
"What is a covered transaction?"
Assurance requirement for subgrant and other lower tier nonprocurement
agreements
You agree by submitting this proposal that, ifwe approve your application, in accordance
with 2 CFR Part 180 Subpart C, you shall not enter into any lower tier nonprocurement
covered transaction with a person without verifying that the person is not excluded or
disqualified unless authorized by CNCS.
WSC Member Placement Contract PY21 -Exhibit B Page 6 of 7
DocuSign Envelope ID: 2468E991-2CB0-40BC,83DA-9ED499F2887D
Assurance inclusion in subgrant agreements
You agree by submitting this proposal that you will obtain an assurance from prospective
participants in all lower tier covered nonprocurement transactions and in all solicitations
forlower tier covered nonprocurement transactions that the participants will comply with
the provisions of 2 CFR Part 180 subparts A, B, C and I.
Notice of error in certification or assurance
You must provide immediate written notice to us if at any time you learn that a certification
or assurance was erroneous when submitted or has become erroneous because of
changed circumstances.
WSC Member Placement Contract PY21 -Exhibit B Page 7 of 7