Refugee School Impact Grant General Terms and Conditions and

Appendix O

Refugee School Impact Grant

General Terms and Conditions and

Scope of Work

By submitting an application for funding, the applicant understands that as a condition of

funding, successful applicants (Grantees) agree to the following general terms and

conditions and scope of work.

GENERAL TERMS AND CONDITIONS

1. Undertake, carry out, and complete, in a competent manner, all of the work and

services set forth in this Scope of Work and the Grantee’s approved application for

funding.

2. Abide by all requirements in the Office of Refugee Resettlement (ORR) funding

notice, Refugee School Impact Grant (RSIG) announcement, Request for

Applications, school district application, and any other requirements related to the

RSIG program.

3. Expend funds as described in the approved application unless prior written

permission is granted by the California Department of Social Services, Refugee

Programs Bureau (RPB).

4. Identify and serve eligible refugee students as defined in Title 45 Code of Federal

Regulations (CFR) Sections 400.43 and 401.2, and other relevant statutes,

regulations and guidelines, and keep student and eligibility records available for

review by the United States (U.S.) Department of Health and Human

Services/Administration for Children and Families (DHHS/ACF), ORR, and RPB at

all times.

5. Maintain and manage records of participating RSIG students, program activities, and

expenditures in accordance with all applicable federal and California state privacy

laws.

6. Use the funds from this program to provide allowable supplementary educational

activities and support services to eligible refugee students.

7. Submit the RSIG Semi-Annual Progress Report to the RPB by the due dates

specified.

8. Submit the RSIG Final Performance Report, covering the two-year grant cycle, to

the RPB by the due date specified.

9. Participate and present at conferences and workshops, at the request of RPB, in

order to (1) disseminate and share RSIG program knowledge and best practices,

Appendix O

(2) network and exchange information with other organizations regarding the RSIG,

and (3) disseminate information regarding federal grant activities.

10. Certify, to the best of the Grantee’s knowledge and belief, that the Grantee,

subgrantees, or subcontractors are not debarred or suspended from federal financial

assistance programs and activities or proposed for debarment, declared ineligible or

voluntarily excluded from participation in covered transactions by any federal

department or agency. The Grantee also certifies that the Grantee, subgrantees, or

subcontractors are not listed on the Excluded Parties Listing System

(www.epls.gov).

These provisions have no force or effect until a Standard Agreement Form is signed by

both parties. A grant award is not legally in effect until approved by RPB and the

authorized Grantee agent.

The Standard Agreement may be terminated without cause by either party by giving 30

calendar days advance written notice by certified mail to the other party. The

notification shall state the effective date of the termination. RPB shall pay only the

reasonable value of the satisfactory services rendered, as determined in RPB’s sole

discretion, through the date of termination.

SCOPE OF WORK

The RSIG program is authorized by section 412(c)(1)(A)(iii) of the Immigration and

Nationality Act (8 U.S.C. 1522 (c)(1)(A)), as amended. The funding available under this

program is designed to support local school systems that are impacted by significant

numbers of newly-arrived refugee children. The primary focus of this grant is to help

newly-arrived refugee school-age children who are making major initial adjustments and

school-age children who have been in the U.S. for three years or less and face

persistent and continuing challenges in school.

ORR has awarded RPB funding for the RSIG grant period of September 15, 2012

through August 14, 2013 to provide supplemental educational/support services to

school-age refugee children. RPB is awarding grants to up to six school districts for the

provision of services in the following eligible counties: Alameda, Los Angeles, Orange,

Sacramento, San Diego, and Santa Clara.

RPB will apply to ORR for continuation funding for the 2013-14 grant period subject to

the satisfactory progress of the California RSIG projects and the availability of funds.

Continued funding for school districts is subject to the satisfactory progress in their

RSIG projects and the availability of federal funds. Awards shall be based on one-year

budget periods.

Appendix O

I. THE PARTIES

A. This Agreement is between successful applicants (Grantees) and the RPB.

II. GRANTEES’ RESPONSIBILITIES

The Grantees shall:

A. Identify and serve eligible refugee students as defined in Title 45 CFR Sections

400.43 and 401.2 and other relevant statutes, regulations, and guidelines. Maintain

copies of federal documentation, as listed in State Letter 00-17, that verifies eligibility

of participants and make these copies available for review and/or audit by

DHHS/ACF, ORR, and RPB.

B. Collaborate and provide evidence of collaboration as instructed by RPB with the

county refugee coordinator (CRC), one voluntary agency (VOLAG), and three

service providers. This collaboration must be documented as on-going, and serve

as a critical component to the program’s design, implementation, and operations.

(Grantees are also required to attend the local refugee forum meetings if forum

meetings are held in the area.)

C. Provide prompt and unrestricted access to RPB to any documentation, files, reports,

materials, or data assembled/developed by Grantee for the RSIG, and maintain:

a. individual student files that include, but are not limited to, the following

performance measures and documentation:

1. English language and math grades, standardized testing, and/or pre-post test

results that, to the extent possible, measure the impact of RSIG activities on

the refugee student

2. school/RSIG program attendance records

3. acceptable documentation of participants’ eligibility for RSIG services

b. complete records of program activities and expenditures of the RSIG that

include, but are not limited to, the following performance measures:

1. number of students served by activity

2. number of students projected to complete/completed grade level or

graduation requirements

3. school/RSIG program attendance records

4. documentation of the provision of services

5. evidence of collaboration with CRCs, VOLAGs, and service providers

D. Expend RSIG funds only for those activities that are allowed under the grant,

including but not limited to (unless prior written approval from RPB has been

obtained by the Grantee):

1. supplemental English-as-a-Second Language instruction

2. development and use of school curricula that encourage optimum learning

and acquisition of necessary skills

Appendix O

3. after-school tutoring programs focused on helping refugee students

understand and complete assignments

4. after-school/summer programs that support remedial work or promote school

readiness

5. parental involvement programs

6. mentoring

7. interpreter services for parent/teacher meetings and conferences

8. services of bilingual/bi-cultural counselors and aides

9. staff training on refugees’ culture and use of English as a Second Language

teaching materials

10. utilization of modern technology deemed to speed up English language

acquisition and other school related skills

11. utilization of special educational materials proven to help children with

learning disabilities

12. evaluation of the effectiveness/outcomes of the services provided

13. other activities approved in writing by the RPB prior to implementation

E. Implement the program and expend the funds as described in the approved

application unless written permission is granted by RPB for any modifications.

F. Submit an application for funding for the August 15, 2013 to August 14, 2014 grant

period by the due date specified and in compliance with the RPB Request for

Applications (RFA) specifications. Continuation funding is subject to RPB receipt of

funding from ORR and satisfactory progress of RSIG programs.

G. Provide RSIG Semi-Annual Progress Reports in the format and within the time

frames specified by RPB. The reporting periods and reporting dates are listed

below:

Period Covered

Due to RPB

09/15/2012 – 02/14/2013

02/28/2013

02/15/2013 – 08/14/2013

08/30/2013

NOTE: These reports from the Grantee are an integral part of the state’s

ability to meet federal RSIG requirements. Completion of reports is the

Grantee’s responsibility.

H. Provide RSIG Final Performance Reports in the format and within the time frame

specified by RPB.

I. Provide RSIG Expenditure Reports, school district invoices, and supporting

documentation on a quarterly basis in the format and within the time frames

specified by RPB (See page 10 for due dates).

J. Meet with RPB staff as necessary regarding the operation of the RSIG program.

Appendix O

K. Reimburse RPB for any disallowed costs as determined by a state and/or federal

audit or review.

L. Abide by all requirements in the RSIG announcement, RFA, school district

application, ORR funding notice, and any other requirements related to the RSIG

program

M. Perform the required financial and compliance audits in accordance with the Single

Audit Act Amendments of 1996 as mandated by the federal Office of Management

and Budget (OMB) Circular No. A-133, “Audits of States, Local Governments, and

Non-Profit Organizations.” Failure to comply may be cause for disqualification from

participating in the RSIG.

N. Provide a copy of the annual A-133 financial and compliance audit report to RPB

within 30 days of receipt from the independent auditors by the school district.

Grantees should report to RPB of any significant A-133 audit findings. Failure to

comply may be cause for disqualification from participating in the RSIG.

O. Ensure that federal RSIG funds are expended in accordance with the uniform

administrative requirements and cost principles of 45 CFR, Part 74 (Awards and

Subawards to Institutions of Higher Education, Hospitals, Other Non-profit

Organizations, and Commercial Organizations). Grantees are responsible for

ensuring that RSIG funded activities comply with all applicable federal and state

laws.

P. Abide by the provisions of the Consolidated Appropriations Act, 2012 (Public Law

112-74), enacted December 23, 2011, which limits the salary amount that may be

awarded and charged to DHHS/ACF grants and cooperative agreements. This law

places a salary cap of $179,700 on the executive salary that may be funded using

RSIG monies. Awards funded under the RSIG may not be used to pay the salary, or

any percentage of salary, to an individual for any amounts above the $179,700

salary cap. Any portion of the salaries that is above the cap must be funded with

other monies. This salary limitation also applies to subawards/subcontracts under

an ACF grant or cooperative agreement. Additional information may be accessed

at: http://www.gpo.gov/fdsys/pkg/PLAW-112publ74/pdf/PLAW-112publ74.pdf

Q. Amendments to the Scope of Work must be initiated in writing by either RPB or the

Grantee, and must be approved in writing by both parties, before any changes can

be implemented.

Appendix O

III. RPB RIGHTS AND RESPONSIBILITIES

RPB shall:

A. Provide program consultation and technical assistance to the Grantee. An RPB

Grants Manager will be assigned to assist the Grantee. The Grants Manager will be

the primary contact responsible for consultation and assistance to the project.

B. Monitor and evaluate the Grantee’s performance, expenditures, and service levels

for compliance with grant requirements. RPB may review data, eligibility

documentation, materials, publications, curricula used by the project, etc., and all

fiscal records related to the program. Grant monitoring shall be accomplished in a

manner, location, and time at the sole discretion of RPB.

C. Provide the Grantee with reporting forms and/or formats and time frames for

submission of reports.

D. Evaluate Grantee’s semi-annual report for compliance and provide a written

response within 15 days of receipt if the report is determined inconsistent with

reporting requirements. Grantees are to comply with RPB’ written response,

including requested due dates.

E. Review all invoices submitted by Grantee for allowable costs and approve for

payment as appropriate, as determined in RPB’s sole discretion, and conditioned on

the availability of funds.

F. Retain the right to modify the program and this Scope of Work based on the results

of its evaluation and review. RPB may use the results of the evaluation and

monitoring review in future grant decisions. The evaluation shall include, but is not

limited to grant compliance, effectiveness of planning, and program results.

G. Reimburse for necessary travel and transportation expenses. Expenses for out-of-

state or international travel are not allowed.

IV. Budget Detail and Payment Provisions

A. Fiscal Provisions

1. Payment is to be paid Grantee, as provided herein, shall be in compensation for

Grantee’s expenses incurred in the performance hereof, including travel, unless

otherwise expressly so provided.

2. The maximum amount payable to Grantees shall not exceed the award amount

for the two-year project period, subject to continued federal funding.

Appendix O

3. Grantee shall maintain accurate and complete financial records of costs and

operating expenses. Such records shall reflect the actual cost of services

described herein for which reimbursement is requested.

4. Upon satisfactory performance of the services provided by the Grantee under

this Scope of Work, as determined in RPB’s sole discretion, RPB agrees to pay

when invoices are submitted. Payments will be made on the basis of the

Grantee’s submitted and approved budget.

5. Changes may be made to individual line items in the Budget subject to prior

written approval by RPB. Changes to the line-item budget may be made if the

Grantee adequately documents the need for change, the changes do not violate

grant requirements, and RPB provides prior written approval. Grantee shall

submit a written request to the RPB project analyst for budget/program

modification, explain the need for change(s), and specifically identify the item(s)

to be reduced or increased, before such changes are made.

6. RPB reserves the right to deny requests for reimbursement of any expenditure in

excess of any line item in the budget.

7. Grantees will be reimbursed for services provided in accordance with the grant

through the invoice process in accordance with CDSS and the State Controller’s

Office regulations and rules. The request for payment must include the RSIG

Expenditure Report, invoice on official school letterhead, and supporting

documentation, and be submitted on a quarterly basis (see page 10 for due

dates) to RPB.

8. Purchase of any electronic devices or computer-related software (i.e., laptops

computers, printers, copiers, iPads, e-readers, Rosetta Stone or other software

programs, etc.) must be included in the original RSIG application. Requests to

purchase such items, in deviation from the original application, must be

submitted in writing to RPB and include the reason for the purchase, how it

relates to the RFA, how it will be used in the classroom, how it benefits refugee

students, and how the equipment will be disposed of after the project ends. The

Grantee must obtain written RPB approval prior to the purchase. RPB may not

reimburse invoices that do not meet these requirements.

9. Purchases of equipment, supplies, and other items in excess of $500 must be

accompanied with supporting documentation and must be included with the

invoice for reimbursement. RPB may not reimburse invoices that do not meet

these requirements.

10. Minor corrections on invoices, such as mathematical errors, may be made by

CDSS. Invoices that require major corrections, such as improper completion of

the invoice, invoices without authorized signatures, or invoices which have been

significantly altered, will not be processed and will be returned to the Grantee

with an explanation of the problem and may delay payment of the invoice.

Appendix O

11. Final invoices for the entire two-year RSIG grant cycle must be submitted by

September 30, 2014, 45 calendar days after the end of the grant period. Failure

to comply with this provision will jeopardize payment unless the Grantee has

received written approval of an extension from RPB prior to the expiration of the

45-day period.

B. Invoicing and Payment

1. The maximum amount payable to a Grantee shall not exceed the award amount

for the two-year project period, subject to continued funding.

2. For services satisfactorily rendered, and upon receipt and approval of the

invoice(s), RPB agrees to reimburse the Grantee for said services.

3. Grantee shall submit the request for payment for the 2012-13 grant period using

the RSIG Expenditure Report Form, along with an invoice on official school

letterhead and supporting documentation on a quarterly basis by the due dates

below:

Period Covered

Expense Claim Due to RPB

09/15/2012 – 11/14/2012

12/01/2012

11/15/2012 – 02/14/2013

03/01/2013

02/15/2013 – 05/14/2013

06/01/2013

05/15/2013 – 08/14/2013

09/01/2013

4. Invoices shall include the RPB Grant Number, and be signed by the authorized

representative in blue ink, and submitted on district letterhead to:

California Department of Social Services

Refugee Programs Bureau

ATTN: KJ Evans

744 P Street, MS 8-9-646

Sacramento, CA 95814

5. Invoice payment will be conditioned upon the timely receipt by RPB of the RSIG

Semi-Annual Progress Reports and RSIG Final Performance Report from the

Grantee within the specified due dates and in a manner acceptable by the RPB.

If acceptable reports are not received or a request for extension of a due date

has not been granted by RPB, invoices will not be processed and will be returned

to the Grantee.

Appendix O

C. Advancing Funds

1. RPB agrees to advance a Grantee up to 25 percent of the total grant amount

upon receipt of an advance request. The request for an advance shall be

submitted in writing on official letterhead with an original signature in blue ink

from an authorized or designated representative.

D. State Budget Contingency Clause

1. It is mutually agreed that if a Budget Act of the current state fiscal year (SFY)

and/or any subsequent SFYs covered under this Scope of Work does not

appropriate sufficient funds for the program, this Scope of Work shall be of no

further force and effect. In this event, RPB shall have no liability to fund or

reimburse Grantee whatsoever or to furnish any other consideration under this

Scope of Work, and Grantee shall not be obligated to perform any provisions of

this Scope of Work.

2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes

of this program, RPB shall have the option to either cancel this Agreement with

no liability occurring to RPB, or offer an amendment to Grantee to reflect the

reduced amount.

3. It is mutually understood that authority for RPB to award grants and reimburse

Grantees for allowable expenditures is dependent upon the appropriation of

funds within a state Budget Act. As a result, funding will not be released to

Grantees until such authority has been given by the passage/signing of the

Budget Act.

E. Federal Funds

1. This Scope of Work is valid and enforceable only if sufficient funds are made

available to RPB by the United States Government for the term of Scope of Work

for the purposes of this program. In addition, this Scope of Work is subject to

any additional restrictions, limitations, or conditions enacted by Congress or any

statute enacted by Congress or any other federal regulations or guidelines issued

by any federal agency which may affect the provision, terms, or funding of this

Scope of Work in any manner.

2. It is mutually agreed that if Congress does not appropriate sufficient funds for the

program, this Scope of Work shall be amended to reflect any reduction of funds.