DocuSign Envelope ID: MISSISSIPPI Form Revised 1013112016 STATE OF MISSISSIPPI MISSISSIPPI DEPARTMENT OF HUMAN SERVICES SUBGRANT SIGNATURE SHEET P. 0. BOX 352 JACKSON, MISSISSIPPI 39205-0352 MDHS FUNDING DIVISION: FIELD OPERATIONS 1. NAME, ADDRESS PHONE NUMBER Mississippi Community Education Center PO. Box 12347 Jackson, Mississippi 39236 (601) 366-6405 FISCAL YEAR END DATE: 30-Jun NAMEITITLE OF OFFICERS: (SUBGRANT ENTITY) Dr. Nancy New, Executive Director 2. EFFECTIVE DATE: October 1, 201'? 3. AGREEMENT NUMBER: 6012989! 6012990 4a. GRANT IDENTIFIER (funding source and year): TANF 2018 TANF 2018 b. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) 93.558 5. BEGINNING AND ENDING DATES: October 1, 2017 through September 30, 2018 6. SUBGRANT PAYM ENT ETHOD: CURRENT NEEDSICASH ADVANCE CONTACT PERSON: Dr. Nancy New COST REIMBURSEMENT FAX: (001) 982-0080 OTHER EMAIL: nnew@mscec.0rg PHONE NUMBER: (601) 366-0405 7. PAGE 1 OF 4 NUMBER: 959441684 8. THE FOLLOWING FUNDS ARE OBLIGATED: FEDERAL 21.500.000.00 STATE - OTHER - TOTAL 21,500,00000 ADMINISTRATION 493,035.00 SERVICES 21 ,006,065.00 OTHER 0 - TOTAL 21,500,00000 9. THE SUBGRANTEE AGREES TO ADMINISTER THIS SUBGRANT IN ACCORDANCE WITH ALL FEDERAL ANDIOR STATE PROVISIONS THAT ARE APPLICABLE TO SAID SUBGRANT. THE FOLLOWING DOCUMENTS ARE INCORPORATED HEREIN: a. SUBGRANT SIGNATURE SHEET b. BUDGET SUMMARY 0. COST SUMMARY SUPPORT SHEET d. BUDGET NARRATIVE e. SUBGRANT AGREEMENT 1) SCOPE OF SERVICES 2) GENERAL TERMS AND PROVISIONS 3) STANDARD ASSURANCES POLICY 4) DEBARMENT POLICY 5) DRUG FREE WORKPLACE POLICY 5) SUBGRANT MANUAL ACCEPTANCE f. VERIFICATION OF 25% FIDELITY BOND 9. COPY OF BOARD RESOLUTION (if applicable) h. COST ALLOCATION PLAN 8. INDIRECT COST RATES 10. IDENTIFICATION OF OTHER FUNDING (List all other funds requested, anticipated or held over from prior years dedicated to this or similar programs including Federal, State, Local or Private funds. If additional space is needed, ptease attach typed pages). SOURCE PURPOSE CONTRACT II PERIOD (dates) AMOUNT NIA 11. APPROVED FOR MDHS: 1 2. APPROVED FOR SUBGRANTEE: DocuSigned by: DocuSigned by (v 43% 10/4/2017 9/29/2017 BY: DATE: BY: Wewemn Executive Director TITLE Executive Director TITLE DocuSign Envelope ID: MISSISSIPPI Form Effective 1 0i31l2016 DEPARTMENT OF HUMAN SERVICES BUDGET SUMMARY Page 2 of 4 Pages 1. Applicant Agency: Mississippi Community Education Center 2. Subgrant Number: Agreement Numbers 6012989/6012990 3. Grant ID TANF 2018 TANF 2013 4. Beginning October 1, 2017 5. Ending September 30, 2018 6. Submitted as Part of (check one): a. Funding Request 13. Modi?cation c. Modi?cation Effective Date 7. For MDHS 8. Budget Activity Use Only Federal State Local Program In-Kind Total Administration 493,935.00 493,935.00 Support Services 21 ,006,065.00 21 ,006,065.00 DocuSign Envelope [Dz Mississippi MISSISSIPPI DEPARTMENT OF HUMAN SERVICES Form COST SUMMARY SUPPORT SHEET Revised 101019018 Page 3 of 4 Pages 1. Applicant Agency Mississippi Community Education Center 2. Subgrant Number Agreement Number 3. Grant ID 2073 4. Beginning 5. Ending 0 6012989 TANF 201% October 1, 2017 September 30, 2018 6. Activity Administration Fr Fedef?l Totat Saiaries 390,000.00 - - - 390,000.00 Fringe 103,935.00 - - 103,935.00 TOTAL 493,935.00 - - - 5 493,935.00 DocuSign Envelope ID: Mississippi MISSISSIPPI DEPARTMENT OF HUMAN SERVICES Form COST SUMMARY SUPPORT SHEET Revised 10(31/2016 Page 4 of 4 Pages 1. Applicant Agency Mississippi Community Education Center 2. Subgrant Number Agreement Number 3. Grant ID 2013 4. Beginning 5. Ending 0 5012990 TANF 2013 October 1, 2017 September 30, 2018 ll5- Budget Activity Support Services Federal Program TotaI Salaries 997,500.00 997,500.00 Fringe Benefits 265,833.75 265,833.75 Travel 65,950.00 65,950.00 Contractual Services 949,317.96 949,317.96 Commodities 379,401.37 379,401.37 Equip 81,282.04 81,282.04 6666666666966 18,266,77988 18,266,77988 TOTAL $21,006,065.00 - - - - $21,006,065.00 DocuSign Enveiope ED: Revised 2120]? STATE OF NIISSISSIPPI DEPARTNIENT OF HUMAN SERVICES DIVISION OF FIELD OPERTIONS SUBGRANT SUBGRANT AGREEMENT NUMBER: 60129891 6012990 The MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, DIVISION OF FIELD OPERATIONS, hereinafter referred to as and MISSISIPPI COMMUNITY EDUCATION CENTER, hereinafter referred to as by the signatures af?xed herein, do hereby make and enter into this Agreement. WHEREAS, pursuant to Section 43-l~2 of the 1972 Mississippi Code Annotated, as amended and 42 U.S.C. ?604a, MDHS is authorized to enter into agreements with public and private agencies for the purpose of purchasing certain services for, the bene?t of eligible individuals under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, hereinafter the "Act"; and - WHEREAS, the Sub grantee is eligible for entering into agreements with MDHS for the purpose of providing services for the benefit of certain eligible individuals under the Act; and WHEREAS, the services being contracted for in this Agreement are not otherwise available on a non-reimbursable basis; and WHEREAS, MDHS wishes to purchase such services from Sub grantee; NOW THEREFORE, in consideration of the mutual understandings and agreements set forth, MDHS and Subgrantee agree as follows: SECTION I PURPOSE The purpose of this Agreement is to engage 2017 TANF services of the Subgrantee to perform certain services under the Act. SECTION II RESPONSIBILITY OF SUBGRANTEE The Subgrantee shall provide, perform, and complete in a satisfactory manner as determined by MDHS, the services described in Exhibit A, entitled "Scope of Se1vices" which is made a part hereof and incorporated by reference herein. DocuSign Envelope ID: Revised 2f201 7 SECTION TERM OF AGREEMENT The Subgrantee shall undertake and complete services to be rendered under this Agreement beginning October 1, 2017 or after all parties have signed, whichever is later, and end September 30,2018. SECTION IV SUBGRANT AMOUNT AND PAYMENT A. SUBGRANT AMOUNT As full and complete compensation for the services to be provided hereunder, total reimbursement by MDHS shall not exceed Twenty One Million Five hundred Thousand Dollars and Zero Cents for the term of this sub grant. These services shall be budgeted in accordance with the Budget Sheets and Budget Narrative attached hereto as Exhibit and incorporated herein. B. MAXIMUM LIABILITY Irrespective of any other provisions of this Agreement, its attachments, laws and regulations or the obligation of the Subgrantee, the liability of payment by MDHS to Subgrantee of federal and/or state funds shall be limited to an amount not to exceed the sum of Twenty One Million Five Hundred Thousand Dollars and Zero Cents ($21,500,0000) in consideration of all the activities and/or services provided pursuant to this Agreement unless specifically increased in accordance with Section of the Agreement. C. CONSIDERATION AND NIETHOD OF PAYMENT Payment method is either by Cash Advance as referenced on the Subgrant/Contract Signature Sheet, Item 6. Eligible expenses are outlined in the Budget Summary and Cost Summary Support Sheet(s), attached hereto and made a part hereof. For any request for funds to be processed, MDHS must receive required program and ?scal reports as outlined in Section XIX of this Agreement. Any increase, decrease or change in the funding under this Agreement that is authorized by the parties, in compliance with applicable laws and policies, shall require a modi?cation of the amounts listed in the Budget Summary and Cost Summary Support Sheets pursuant to Section of this Agreement. SECTION AVAILABILITY OF FUNDS It is expressly understood and agreed that the obligation of MDHS to proceed under this Agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and/or the receipt of federal and state funds. In the event that the funds anticipated for the ful?lhnent of this Agreement are, at any time, not forthcoming or are insuf?cient, either through the failure of the federal government to provide funds, or of the State of Mississippi to appropriate funds, or through the discontinuance or material alteration of the program under which funds were provided, or if DocuSign Envelope ID: Revised 2f2017 funds are not otherwise available to MDHS for the performance of this Agreement, MDHS shall have the right to immediately terminate this Agreement, without damage, penalty, cost or expense to MDHS of any kind whatsoever. The ultimate decision as to whether or not funds continue to be available for the performance of this Agreement lies solely with MDHS. SECTION VI RELATIONSHIP OF THE PARTIES It is expressly understood and agreed that MDHS enters into this Subgrant with Subgiantee on a pm chase of service basis and not on an employe1- -employee relationship basis. Nothing contained herein shall be deemed or construed by MDHS, the Sub g1 antee or any third party as creating the relationship of principal and agent, partners, joint ventures, or any similar such relationship between MDHS and the Sub grantee. Neither the method of computation of fees or other charges, nor any other provision contained herein, nor any acts of MDHS or the Subgrantee hereunder, creates or shall be deemed to create a relationship other than the independent relationship of MDHS and the Sub grantee. Subgrantee represents that it has, or will secure, at its own expense, applicable personnel who shall be quali?ed to perform the duty required to be performed under this Subgrant. Any person assigned by Sub grantee to perform the services hereunder shall be the employee of Sub grantee, who shall have the sole right to hire and discharge its employee. MDHS may, however, direct Subgrantee to replace any of its employees under this Subgrant. If Subgrantee is notified within the ?rst eight (8) hours of assignment that the person is unsatisfactory, Subgrantee will not charge MDHS for these hours. The Subgrantee will replace the employee within 5 days after receipt of notice from MDHS. It 13 furthe1 understood that the consideration explessed herein constitutes full and complete compensation f01 all services and performances her,eunde1 and that any sum due and payable to Subgi antee shall be paid as a gloss sum with no withholdings or deductions being made by MDHS for any purpose fiom said Subgiant surn Subgrantee shall pay when due all salaries and wages of its employees, and it accepts exclusive responsibility for the payment of Federal Income Tax, State Income Tax, Social Security, Unemployment Compensation and any other withholdings that may be required. SECTION VII TERMINATION OR SUSPENSION TERMINATION FOR CAUSE If, through any cause, Subgrantee fails to ful?ll in a timely and proper manner, as determined by MDHS, its obligations under this Subgrant, or if Sub grantee violates any of the covenants, agreements, or stipulations of this Subgrant, MDHS shall thereupon have the right to terminate the Subgrant by giving written notice to Subgrantee of such termination DocuSign Envelope ED: Revised 21201? D. E. and specifying the effective date thereof at least ?ve (5) days before the effective date of such termination. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience, in whole or in part, as follows: 1. By MDHS with the consent of the Subgrantee, in which case the two parties shall agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or 2. By the Sub grantee upon written noti?cation to MDHS, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, MDHS determines that the remaining portion of this subgrant will not accomplish the purposes for which the subgrant was made, MDHS may, without the Subgrantee?s consent, terminate this subgrant in its entirety. TERNIINATION IN THE BEST INTEREST OF THE STATE This Subgrant may be terminated by the MDHS in whole, or in part, with 15 days? notice whenever MDHS makes the ?nal determination that such termination is in the best interest of the State of Mississippi. Any such determination will be effected by delivery in writing to the Subgrantee of a notice specifying the extent to which the Subgrant is terminated and the date upon which termination becomes effective. Once the Subgrantee has received notice of termination, Subgrantee shall not make further expenditures for the provision of services under the Subgrant. TERMINATION FOR FORCE MAJEURE If either Party is rendered unable, wholly or in part, by reason of strikes, accidents, acts of God, weather conditions or other acts beyond its control and without its fault or negligence, to comply with its obligations under this Sub grant, then such party shall have the option to terminate this Sub grant, in whole or in part, upon giving written notice to the other Party. PARTIAL TERMINATION In the event of a partial termination, the Subgrantee shall incur no obligations other than those specifically identi?ed in the agreement or contract governing the partial termination. RIGHTS AND REMEDIES UPON TERNIINATION OR SUSPENSION In the event of termination or suspension as provided in this Section, Subgrantee shall be entitled to receive just and equitable compensation for unreimbursed obligations or expenses that are reasonably and necessarily incurred in the satisfactory performance, as determined by MDHS, of this Agreement, that were incurred before the effective date of suspension or termination, and that are not in anticipation of termination or suspension. Costs of the Subgrantee resulting from obligations incurred by the Subgrantee during a Envelope Revised 212017 suspension or after termination of this subgrant are not allowable under this Agreement. In no case, however, shall said compensation or payment exceed the total amount of this subgrant as set forth in Section IV. Notwithstanding any provisions of this subgrant, Subgrantee shall be liable to MDHS for damages sustained by MDHS by virtue of any breach of this Agreement by Subgrantee, and MDHS may withhold any payments to Subgrantee for the purpose of set off until such times as the exact amount of damages due to MDHS from Subgrantee are determined. In case of termination or suspension as provided hereunder, all property, ?nished or un?nished documents, data, studies, surveys, drawings, photographs, manuals and reports or other materials prepared by or for the Subgrantee under this Agreement shall, at the option of MDHS, become the property of MDHS and shall be disposed of according to directives. The rights and remedies of MDHS provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity. G. TERMINATION OR SUSPENSION If the Sub grantee materially fails to comply with any of the covenants, terms or stipulations of this Agreement, whether stated in a federal statute or regulation, an assurance, in the State plan or application, a notice of award, or elsewhere, MDHS may, upon giving written notice to Sub grantee, take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the de?ciency by Subgrantee or more severe enforcement action by 2. Disallow (that is, deny both use of funds and, if applicable, matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Sub grantee's program; 4. Withheld further awards for the Sub grantee's program; or 5. Take other remedies that may be legally available. SECTION COIVIPLAINT RESOLUTION Subgrantee assures that persons requesting or receiving services under this Agreement shall have the right to a complaint resolution procedure regarding any decision relating to this Agreement. Said procedures may be under the Fair Hearing Procedure of the Mississippi Department of Human Services, or under a conciliation process, or that required by the MDHS as authorized by the Mississippi Administrative Procedures Law, Mississippi Code Annotated 1972, as amended, Section 25-43?1 et. seq, or under the complaint procedure of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, whichever is appropriate to the complaint as directed by MDHS. DocuSign Envelope ED: Revised 2l2017 SECTION IX CODIPLIANCE WITH LAWS, RULES, AND REGULATIONS Sub grantee shall comply with all applicable policies and procedures of MDHS and with all applicable laws, rules and regulations of the federal government and of the State of Mississippi that may affect the performance of services under this Agreement. The Sub grantee shall comply with, among other regulations, the Act; the 2016 MDHS Subgrant/Contract Manual, and the applicable Code of Federal Regulations. - If the Subgrantee advertises or prints brochures, ?yers or any other material, printed or otherwise, relating to, or promoting, the services which it is providing through this Sub grant, it shall acknowledge that said funding for said Sub grant and for said advertising was provided by MDHS. In executing this Subgrant, Subgrantee shall comply with all federal and/or state statutes or regulations that are made applicable to the grant when properly promulgated and published by the Federal andior State Government. It is specifically agreed that should additional federal legislation be enacted, or should the US. Department of He alth and Human Services or other governing federal agencies enacted new regulations or promulgate changes or amendments in existing regulations which require changes in any provision of their grant, then those provisions of this Subgrant affected thereby shall automatically be amended to conform to such federal statute or regulation as of the effective date of their enactment. SECTION STANDARD ASSURANCES This Agreement is subject to the Subgrant/Contract Signature Sheet, the Budget and Cost Summary Support Sheets, the Scope of Services (Exhibit A), Budget Narrative (Exhibit B), the Standard Assurances, the Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements, the Certifications Regarding Monitoring Findings; Audit Findings; and Litigation Occurring within the Last Three Years, the Certi?cation of Adequate Fidelity Bonding (Exhibit C), Board Member?s Notification of Liability, (Exhibit D) 2016 MDHS Subgrant/Agreement Manual Acceptance Form (Exhibit E), Federal Debarment Veri?cation Requirement (Exhibit F) and Partnership Debarment Verification Form (Exhibit G), Minority Vendor Veri?cation (Exhibit all of the foregoing being attached hereto and incorporated by reference herein. SECTION XI AGREEMENTS BY SUBGRANTEE A. GENERAL RESPONSIBILITY It is understood and agreed that the Subgrantee may be entering into certain subcontracts with eligible entities (hereinafter referred to as Subgrantee's Contractor/Subcontractor) for the provision of the aforementioned services. Entities currently in a contractual relationship with MDHS to provide the same or similar services are not eligible to enter into a Envelope ID: Revised 212017 Contract/ Subcontract with the Sub grantee. Such subcontracts shall be governed by all of the provisions of this Agreement, and Subgrantee shall be fully responsible for the performance of any Subgrantee?s Contractor/Subcontractor whatsoever and for any costs disallowed as a result of monitoring of the Subgrantee by MDHS and/or as a result of monitoring the Subgrantee's Contractor/Subcontractor either by MDHS or by the Subgrantee. Copies of all subcontracts and modi?cations shall be forwarded to MDHS funding division. B. USE OF FUNDS In any Contracts/Subcontracts which Subgrantee enters into with Contractors/Subcontractors for provision of services and/or goods under this Agreement, Subgrantee shall require that the funds obligated under said Contracts/Subcontracts shall be used to support the Contracts/Subcontracts for the provision of only such services authorized under this Agreement. Subgrantee agrees that it shall require all of such Subgrantee's to comply with all local, municipal and county health, safety and other ordinances and requirements and with all applicable federal and state laws, statutes and regulations. C. ADNIINISTRATIVE CHARGES Sub grantee agrees that it has not imposed and shall not impose any administrative charges on its subcontractors. SECTION XII ELIGIBILITY FOR SERVICES Subgrantee agrees to provide services only to the target population described in the Scope of Services (Exhibit A). SECTION CONFIDENTIALITY All information regarding applicants for and recipients of services under this Agreement shall be available only to MDHS, Subgrantee, and/or to the appropriate subcontractor and to those persons authorized in writing to receive same by the client, or as otherwise authorized by law. The will guard against unauthorized disclosures. Nothing in this Section, however, shall affect provisions of Section of this Agreement. SECTION XIV AUDIT A. INTERNAL AUDITING Subgrantee shall conduct internal auditing procedures to ensure that the services provided and the activities performed with funds provided under this Agreement are in compliance DocuSign Envelope ID: Revised with the provisions of this Agreement and with Subgrantee audit policy described in the 2016 MDHS Subgranthontract Manual and all applicable laws, statutes, rules and regulations. INDEPENDENT AUDITING Subgrantee shall comply with the Single Audit Act of 1996, the applicable Of?ce of Management and Budgets (OMB) Circular(s) and the 2016 MDHS Subgrant/Contract Manual. The audit required under the Single Audit Act of 1996 must be performed by an Independent Auditor. RESPONSIBILITY 0F SUBGRANTEE Subgrantee shall receive, reply to and resolve any audit and/or programmatic exceptions by appropriate state and/or federal audit related to this Agreement and/or any resulting Contract/ Subcontract. SUPPLEMENTAL AUDIT retains the right to perform a supplemental audit and review, when MDHS deems the same to be appropriate, of any and all of the Subgrantee?s and/or its Contractort Subcontractor's books, records and accounts, and to initiate such audit and to follow any audit trail for a period of three (3) years from expiration date of this Agreement and for such additional time as required to complete any such audit and/or to resolve any questioned costs. AUDIT EXCEPTIONS Sub grantee shall pay to MDHS the full amount of any liability to the federal, state or local government resulting from ?nal adverse audit exceptions under this Agreement and/or under any Contract/Subcontract funded hereunder. Audit exceptions may result in accepting a reduction of future amounts by a total equal to the amount disallowed or deferred, and/01 by other methods approved by MDHS, including recouprnent of funds paid to Sub gi antee undei this Agl cement. SECTION XV INDEMNIFICATION MDHS shall, at no time, be legally responsible for any negligence or wrongdoing by the Sub grantee and/or its employees, servants, agents, and/or subcontractors. Subgrantee agrees to indemnify, defend, save and hold harmless MDHS from and against all claims, demands, liabilities, suits, damages, and costs of every kind and nature whatsoever, including court costs and attorney?s fees, arising out of or caused by Subgrantee and its employees, agents, contractors, and/or subcontractors in the performance of this Subgrant. Subgrantee agrees that in any contract or subcontract into which it enters for the provision of the services covered by this Agreement, it shall require that its DocuSlgn Envelope ID: Revised 2(2017 Contractors/Subcontractors, their of?cers, representatives, agents, and employees shall release and hold harmless MDHS and the State of Mississippi from and against any and all claims, demands, liabilities, suits, damages, and costs of every kind and nature whatsoever, including court costs and attorney?s? fees, arising out of or caused by the Contractor/ Subcontractor and/or its of?cers, representatives, agents, and employees in the performance of such services. SECTION XVI INSURANCE Subgrantee shall maintain Workers' Compensation insurance which shall inure to the bene?t of all Subgrantee's personnel performing services under this Agreement, comprehensive general liability insurance and employee ?delity bond insurance in the amount equal to 25% of the funds awarded hereunder. Subgrantee shall furnish MDHS with a certi?cate of insurance providing the aforesaid coverage, prior to the commencement of performance under this Agreement. In any subcontract into which Sub grantee enters with Subcontractors, there shall be a like insurance provision in which the Subcontractor shall provide the same coverage to and for its personnel. SECTION XVII RECORDS A. MAINTENANCE OF RECORDS Subgrantee shall maintain fiscal and program records, books, documents, and adhere to Generally Accepted Accounting Principles, which suf?ciently and properly re?ect all direct and indirect costs and cost of any nature expended in the performance of this agreement. Such records shall be subject, at all reasonable times, to inspection, review, audit or the like, by MDHS or by duly authorized federal and state personnel. Fiscal Requirements and Audit. Subgrantee shall establish such fiscal control and fund accounting procedures, including internal auditing procedures, as may be necessary to assure the proper disbursal of and accounting for funds paid under this grant, including but not limited to the Single Audit Act of 1996. Sub grantee shall keep, maintain and present to MDHS, as required, necessary and proper vouchers, documentation and otherwise to support the expenditure of funds and Subgrantee shall adhere to State and Federal guidelines regarding subgrant provisions, ?nancial documentation, and certi?cations per OMB Circular Cost Principles for Nonpro?t Organizations, A-87, Cost Principles for State, Local and Tribal Governments and OMB Cost Principles for Educational Institutions. B. ACCESS TO RECORDS Subgrantee agrees that MDHS, the federal grantor agency, the Comptroller General of the United States and/or any of their duly authorized representatives shall have access to any and all books, documents, papers, electronic media or records of the Subgrantee or of the Subgrantee?s Contractors/ Subcontractors which are pertinent to the program for the purpose of making audits, examinations, excerpts and transcripts of such records. DocuSign Envelope ED: Revised 2.32017 C. RECORDS OF SUBGRANTEE Subgrantee agrees that in any Contracts/Subcontracts into which it enters with Contractors/Subcontractors it shall require said ContractorsfSubcontractors to maintain fiscal and program records related to Contractor/Subcontractor's work performed under this Agreement, in accordance with Records Retention and Access Policy, as set forth in the 2016 MDHS Sub grant/Contract Manual. D. FINANCIAL DOCUMENTS The Subgrantee, by its signature affixed to this Sub grant Agreement, authorizes the release to MDHS of any and all ?nancial documents and records maintained by such ?nancial institutions as may be providing services to the Subgrantee which are pertinent to the services performed under this Subgrant in order to make audit, examination, excerpts, copies, and/or transcripts. Said ?nancial deposits and records shall include, but are not limited to, statements of accounts, statements of deposits and/0r withdrawal, cancelled checks and/or drafts. The request for said documents and/or records shall be made in writing by MDHS directly to the Subgrantee providing services. Further, prior to the disbursement of any funds under this Subgrant, the Subgrantee shall provide, in writing, the name and address of the ?nancial institution which shall act as the depository for said funds along with the speci?c account number(s) which shall be used in the expenditure of the Subgrant funds. SECTION AVAILABILITY OF INFORMATION Subgrantee shall furnish information and cooperate with all federal and/or state investigations, make such disclosure statements as may be required by the Agreement and other applicable federal and state laws, and federal and state regulations. SECTION XIX REPORTING A. REPORTING Subgrantee shall furnish MDHS written reports of costs incun?ed and such reports shall contain sufficient data to provide evidence of budget compliance and shall be due ten (10) calendar days after the close of each month. Such reports shall be complete for the period covered and shall contain financial details pertaining to the execution of their subgrant. As may be requested by MDHS, Subgrantee shall review and discuss any of such written reports at such time and in such manner as may be deemed necessary by MDHS. 10 DocuSign Enveiope ED: Revised 2.9017 B. TERMINATION REPORTS Subgrantee shall furnish MDHS a written termination report within ten (10) days from the termination date unless additional time is granted in writing by MDHS. The termination report shall include information and data required by MDHS to furnish evidence of ?nancial and programmatic compliance. C. FINAL FISCAL REPORT The Subgrantee shall provide a final ?scal report to MDHS within forty-five (45) calendar days after the ending of this Agreement and this, along with the Subgrantee?s final ?scal and programmatic report will be used forthe purpose of reconciling this Agreement to the actual expenditures for activities and services rendered not to exceed the maximum amount as set forth in Section IVA of this Agreement. Any funds paid by MDHS to Subgrantee and not expended for activities or services under this Agreement or funds expended in violation of this Agreement, shall be considered MDHS funds and shall be returned to MDHS in full. Where deemed appropriate by MDHS and accepted by the Subgrantee, a reduction may be allowed in future payments under future agreements by a total amount equal to the amount disallowed or deferred, or by other methods approved by MDHS. Proper procedures for closeout of the Subgrant, as detailed in the 2016 MDHS Subgrant/Agreement Manual, Section 11, shall be followed. D. TAX REPORTS Subgrantee shall ?le timely federal and state tax reports as due and, if requested, shall furnish MDHS a copy of all reports within ten (10) days after ?ling. SECTION XX DISPUTES Any dispute concerning a question of fact under this Agreement which is not disposed of by agreement of the Parties hereto shall be decided by the Director of the funding division. This decision shall be reduced to writing and a copy thereof mailed or furnished to the Subgrantee and shall be fmal and conclusive, unless, within thirty (30) days from the date of the decision, Subgrantee mails or furnishes to the Executive Director of the Mississippi Department of Human Services a written request for review. Pending final decision of the Executive Director or his designee, the Subgrantee shall proceed in accordance with the decision of the Director of the funding division. In a review before the Executive Director or designee, the Subgrantee shall be afforded an opportunity to be heard and to offer evidence in support of its position on the question and decision under review. The decision of the Executive Director or designee shall be ?nal and conclusive unless that decision is determined by a court of competent jurisdiction in Jackson, Hinds County, State of Mississippi, to have been fraudulent, capricious or so grossly erroneous as necessarily to imply bad faith, or that it was not supported by substantial evidence. 11 Envelope ID: Revised SECTION XXI WAIVER Failure of either party hereto to insist upon strict compliance with any of the terms, covenants, and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power hereunder at any subsequent time or of any other provision hereof, nor shall it be construed to be a modi?cation of terms of this Agreement. SECTION XXII PATENTS, COPYRIGHTS, AND RIGHTS IN DATA A. PATENTS Should the activities of Subgrantee or its Contractor/Subcontractor include experimental, developmental or research projects, this Agreement shall be amended to include the standard patent rights clauses as set forth in Public Law 98-620 (1984), 37 CFR 40, Part 401 - Rights to Inventions Made By Nonpro?t Organizations and Small Business Firms under Government Grants, Sub grants, and Cooperative Agreements or any other applicable provision required by state and/or federal law, rule or regulation. B. COPYRIGHTS MDHS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: 1. The copyright in any work developed under this Agreement, or under any subgrant with any Subgrantee or its Contractors/Subcontractors' agreements; and 2. Any rights of copyright to which Subgrantee or its Contractors/Subcontractors purchase ownership with grant support under this Agreement. C. RIGHTS AND DATA All systems, computer programs, operating instructions, and all other documentation developed for or speci?cally relating to information processing of any kind under this Agreement, and reports prepared by Subgrantee or its ContractorsISubcontractors will be the property of MDHS and will remain so upon completion or termination of this Agreement. All cards, magnetic tapes, disk packs, or other storage media, temporary and/or permanent, containing programs and/or other information of any kind relating to this Agreementshall be available for inspection by MDHS at any time, and all information thereon shall belong to MDHS, and shall be delivered to MDHS on request therefor. Sub grantee shall maintain all master programs and master data ?les in a completely secure manner, either by storing such programs and ?les in an appropriate limited access storage 12 DocuSign Envelope ID: Revised 2&017 area or by duplicating such programs and files and storing the duplicates in a secure location in a manner satisfactory to MDHS. Such programs and ?les shall be identified by program and ?le name. SECTION ALTERATION OR MODIFICATION OF AGREEMENT Any alteration, variation, modi?cation, or waiver of provisions of this Agreement shall be valid only when agreed to by both parties hereto, reduced to writing, and duly signed by each Party. SECTION XXIV SEVERABILITY If any term or provision of this Agreement is prohibited by the laws of the State of Mississippi or is declared invalid or void by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. - . SECTION XXV BINDING REPRESENTATIVES AND SUCCESSORS The rights, privileges, bene?ts, and obligations created by this Agreement and by operation of law, extend to and accrue and are obligatory upon the parties hereto, their personal or real representatives, and successors. SECTION XXVI EQUIPMENT AND SUPPLIES Equipment and supplies purchased with state funds under this Agreement shall be purchased and accounted for in accordance with state law and procedures and in accordance with Inventory Management Policy within the 2012 MDHS Sub grant/Contract Manual. SECTION XXVII FUNDS USED TO SUPPLEMENT Funds received under this Agreement and any Contract/Subcontract thereunder shall be used only to supplement, not supplant, the amount of federal, state, and/or local funds otherwise expended for the support of services the applicable participants in the Subgrantee's service area. SECTION ASSIGNMENT Subgrantee shall not assign or otherwise transfer the obligations or duties imposed pursuant to the terms of this Agreement without the prior written consent of MDHS. Any attempted assignment or transfer of its obligations without such consent shall be wholly void. 13 DocuSign Envelope ID: Revised 2;?2017 SECTION XXIX CONFLICT OF INTEREST Sub grantee must ensure that there exists no direct or indirect con?ict of interest in the performance of the Subgrant. Subgrantee must warrant that no part of federal or state money shall be paid directly or indirectly to an employee or of?cial of MDHS as wages, compensation or gifts in exchange for acting as an of?cer, agent, employee, subcontractor or consultant to the Sub grantee in connection with any work contemplated or pertaining to the Subgrant. MDHS will hold the Subgrantee in strict compliance with the Code of Conduct in Section 6 of the 2016 MDHS Subgrant/Contract Manual. SECTION APPLICABLE LAW This Agreement shall be construed and governed in accordance with the laws of the State of Mississippi. Subgrantee expressly agrees that under no circumstances shall MDHS be obligated to pay attorneys' fees or the cost of legal action to the Subgrantee. SECTION E-VERIFY Subgrantee represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act (Senate Bill 29 88 from the 2008 Regular Legislative Session) and will register and participate in the status veri?cation system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, ?status veri?cation system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic veri?cation system replacing the E?Verify Program. Subgrantee agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Subgrantee further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Subgrantee understands and agrees that any breach of these warranties may subject Subgrantee to the following: termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to three (3) years, with notice of such cancellationftermination being made public, or the loss of any license permit, certi?cation or other document granted to Subgrantee by an agency, department or governmental entity for the right to do business in Mississippi for up to (1) year, or (0) both. In the event of such termination/cancellation, Subgrantee would also be liable for any additional costs incurred by the State due to contract canceilation or loss of "license or permit." 14 DocuSign Envelope ID: Revised 2!:017 Any Agreement entered into between the Subgrantee and its Contractors/Subcontractors shall contain the E?Verify clause with which said Contractors/Subcontractors shall comply in hiring their employees. SECTION TRANSPARENCY This contractual agreement, including any accompanying exhibits, attachments, and appendices, is subject to the ?Mississippi Public Records Act of 1983", codi?ed as section 25-61?1 et seq., Mississippi Code Annotated and exceptions found in Section 79?23-1 of the Mississippi Code Annotated (1972, as amended). In addition, this Agreement, is subject to the provisions of the Mississippi Accountability and Transparency Act of 2008 (MATA) codi?ed as Section 31~7~13 of the Mississippi Code Annotated (1972, as amended). Unless exempted from disclosure due to a court?issued protective order, this contract is required to be posted to the Department of Finance and Administration?s independent agency contract website for public access. Prior to posting the Agreement to the website, any information identi?ed by the Independent Contractor as trade secrets, or other proprietary information including con?dential vendor information, or any other information which is required con?dential by state or federal law or outside the applicable freedom of information statutes will be redacted. SECTION INCLUSION OF ALL TERMS AND CONDITIONS This Agreement and any and all documents attached hereto or incorporated by reference herein, including the Subgrant Signature Sheet, constitute the entire agreement of the parties with respect to the subject matter contained herein and supersede and replace any and all prior negotiations, understandings and agreements, written or oral, between the parties relating thereto. No other understanding regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. 15 DocuSign Envelope JD: Revised 2120]? SECTION NOTICE Notice as required by the terms of this Subgrant shall be certi?ed United States mail, postage prep aid, to the Parties at their respective usual business addresses, or Notice may be hand-delivered to that respective Party whose signature appears on this Subgrant as MDHS or Subgrantee. The Parties agree to notify each other of any change of address. For the faithful performance of the terms of this Agreement, the parties hereto have caused this Agreement to be executed by their undersigned authorized representatives. Mississippi Department of Human Mississippi Community Education Center Services DoeuSigned by:l DocuSigned by: EWCW Ii 3am, Qg? igdni K?693mFrieulthiorized Signature Signature Printed Name: John Davis Printed Name: Dr. Nancy New Title: Executive Director Title: Executive Director 10/4/2017 9 29 2017 Date: Date: 16 DocuSign Envelope lD: EXHIBIT A Scope of Work to be Performed The attached scope of work supports the continued implementation of Families First services which stimulate employment, support family ?nancial stability, promote literacy, and increase graduation rates while continuing to support positive youth development, parenting, impacting teen pregnancy rates, promoting positive father involvement and supporting Department of Human Services County Of?ces through parenting education and parenting skills development. The proposed ?whole family? approach will provide services for children, adolescents, teens, adults and the elderly. The program utilizes a holistic approach to community education and services by assessing family and community needs, and providing services from ?womb to tomb.? Partnerships with state and community agencies will be utilized to both ?ll in service gaps and ensure that quality services are not being unnecessarily replicated. Client assessments will evaluate both individual and family needs, and a complete range of appropriate services will be offered. The expanded program seeks to address the whole family through in-house consultation and service delivery as well as partnerships with community and state agencies. Families First will provide referrals for services that do not fall within the community education program mental health services). Program objectives have been carefully developed to address prominent needs related to family stability and Gen+; to include, employability, literacy, family ?nancial stability, graduation rates, parenting education, positive youth development, at risk youth, and senior citizens. Each objective will be clearly described, speci?c, measureable and ambitious yet attainable. Objectives include the following: 1. Increase employability in targeted populations through intensive wrap-around workforce development services 2. Provide families with supports that will enable the upward mobility afforded through educational attainment 3. Increase participant employability outcomes and support educational success through provision of high school diploma program, educational support services, and referrals to programs supporting increased educational attainment 4. Promote literacy across the State through programs for early childhood, youth and adult learners Support positive youth development through education 6. Provide a grass-roots, community?based program to support healthy choices, and support positive youth outcomes 7. Increase awareness of the bene?ts of educational success, employment, literacy and positive youth development 8. Provide quality services that are accessible to the family as a whole and educate parents, co-parents, and expectant parents in the areas of appropriate discipline, child development, health, safety, nutrition, newborn parenting, con?ict resolution, responsible fathering, and soft and life skills training. 9. Provide services, activities, and events for senior citizens. DocuSign Envelope ID: Priorities in the Identi?ed Target Area The program supports the following priorities through the delivery of services in the identi?ed service areas: 0 Reduce school dropout; 0 Increase graduation rates; 0 Increase literacy in early childhood, youth and adult learner populations; 0 Increase employability; - Increase upward mobility and ?nancial stability of participant families; 0 Increase the network of referrals and support services within the State through networking; 0 Increase family stability; and Equip families and children with the skills necessary to more adequately solve problems, make good choices and increase access to services Geographic Overview The program will utilize a regional service delivery model encompassing all 82 counties in the State of Mississippi. Within each Region, a Regional Center will serve as the hub of activity with services extending into the counties within the region. Thirteen Regional Centers Adams County, DeSoto County, Durant County, Forrest County, Harrison County, Hinds County, Jackson County, Lafayette County, Lauderdale County, Lee County, Le?ore County, Lowndes County, and Madison County. Additional full-service Centers will open to include: Washington County, Coahoma County, Pike County, Chickasaw County, and an additional Center in DeSoto County. Additional regional or sub-regional centers to be established through partnership agreement or memorandum of understanding to expand the brick and mortar presence; thereby increasing access for participants and reducing overhead costs to allow for increased direct-service. Service Delivery Model A regional service delivery model will be used for implementation of the program. The State will be divided into 2 regions (North and South) with additional sub-regions located within. Program oversight will be conducted by the Executive Director of Mississippi Community Education Center (South Region) and Family Resource Center of Northeast Mississippi (North Region). Additionally, there will be two Program Directors for each of the North and South Regions. Each sub?region will have a physical location from which all services will originate. Each sub-region will be managed by a Regional Coordinator. Region Coordinators will hold the primary responsibility for accomplishing goals and objectives within their designated region. Responsibilities include: recruitment and retention, service delivery, volunteer recruitment, Coalition Board recruitment and participation, maintaining a weekly presence in site locations within the designated service area, scheduling retreats, training DocuSign Envelope ID: sessions and additional responsibilities determined necessary to accomplishing the goals and objectives. These individuals will report to the program director. Program Trainers will be utilized in delivery of each program component. Program Trainers will conduct presentations and classes, schedule and conduct workshops, classes and presentations per the scope of work and have a ?exible schedule that can accommodate the scheduling of night and/or weekend work. Preferred experience includes: bachelor?s degree in the fields of communications, education, public health or social work. Scope of Services Goal: Families First is proposing services designed to encompass the entire family, from infancy to adulthood. Current and new program centers will provide more in-house services which are being expanded to include early childhood and adult literacy programs, high school diploma and credit recovery, employability and soft skills development, and abstinence and parenting curriculum; while continuing to deliver services within the counties and communities (outside of the brick?and-mortar centers). 1. Objective: Increase employability in targeted populations through work development services Activities: 0 Develop a system of referral to support the myriad points of entry and skill sets of participants 0 Provide career assessment to match participant skills with employment type 0 Provide case management style oversight and guidance 0 Provide education designed to develop skills and knowledge essential for success in obtaining entry-level jobs in the workforce 0 Provide job seekers with pie-employment skills and soft?skills core development 0 Prepare individuals for work 0 Promote job retention and advancement 2. Objective: Provide participants with a focused career assessment that evaluates core workplace skills and interest and provides job seekers with timely and relevant information about locally~present jobs and career pathways that match their and interests. Activities: 0 Provide remedial instruction 0 Provide referral to resources suppmting educational attainment and success 0 Provide on-line classes from a state and regionally accredited on-line provider with a high school diploma option 0 Provide educational support services to promote success in reaching the assessed educational outcomes deemed appropriate for the participant DocuSign Envelope ID: 3. Objective: Provide high school diploma and credit recovery programs. Activities: 0 Provide remediation and core subject areas 0 Provide opportunities for small group and individual learning 0 Provide high school diploma option for identi?ed participants 0 Provide job and life skills education and advanced educational activities for identi?ed participants 4. Objective: Provide programs to promote early childhood, youth and adult literacy as well as remedial, evidence-based programs for adult learners. Activities: 0 Provide evidenced?based reading skills and training Provide individualized reading pro grams Provide programs designed speci?cally for adult learners Deliver early childhood and youth literacy education Provide education on alcohol, drug and tobacco; including, specific information on opioid abuse 5. Objective: Provide services and positive youth development/abstinence education and encourage healthy choices. Activities: 0 Provide technology and internet safety education 0 Provide bullying prevention education 0 Provide teen dating violence education and healthy relationships 0 Provide grassroots, community-based support to local teen pregnancy prevention initiatives; to include, Healthy Teens for a Better Mississippi 0 Provide education on alcohol, diug and tobacco; including, speci?c information on opioid abuse 6. Objective: Provide a publicity and marketing plan to reach local, regional, and national audiences with interests in dropout prevention, non-traditional academic options, and customized learning environments and academic success. Activities: 0 Provide a dedicated website with key information and updates 0 Provide direct mailings to targeted audiences related to program outcomes, events, and initiatives 0 Provide press releases to regional newspapers and magazines 0 Participate on public radio and television, talk shows and PSAs DocuSign Envelope iD: 7. Objective: Provide quality education to parents, co?parents, and expectant parents. Activities: 0 Provide education in appropriate discipline and child development Provide education in reducing stress and con?ict resolution techniques Educate families in practices that keeps the family healthy as a whole Provide education on good money management practices Provide education and resources to build on family Provide supports for Access and Visitation needs for quali?ed families 8. Objective: Provide services, activities, and events for senior citizens Activities: Provide elder abuse and fraud awareness education Provide computer literacy education Connect participates to available resources within the community Provide volunteer training 9. Objective: ?Connect the Dots? between state agencies, nonpro?ts, and other organizations in the State to provide a greater network of support and increase access for families Activities: 0 Form partnerships with organizations that will streamline referral process for participating families Collaborate with community partners to increase access to services and opportunities for participating families Support and participate in activities such as conferences, trainings, and similar activities that contribute to the quality and availability of services supporting family stability DocuSign Envelope ID: EXHIBIT Mississippi Community Education Center (TANF) 2017-2018 - Budget Narrative I. Administration Budget Activity A. Salaries Calculations: South State Director Programtlr: Director Assistant Director B. Fringe Benefits 2. Med. Tax 1.45% of Gross Salaries 3. Unemp. ins/er. Comp Ins./ Bonding ins./ Liab. Ins. 4.00% 3. Health insurance/Retirement - 15% Calculations: Flatt: Mea?. Tax Unemp.lns/er. Comp lns./ Bonding lns. Llab. Health lnsurance/Retlrement Total Administration Fringe Benefits 11. MCEC "Program" Budget Activity A. Salaries Calculations: Calculations: Number Accountant 1 Human Resource 1 Program Coordinator 1 Salary; 175,000.00 105,000.00 5 110,000. 00 Salarles $390, 000. 00 $390, 000. 00 $390, 000. 00 $390, 000. 00 Montlg 6.20% 1.45% 4.00% 15% 14,583.33 - 8,750.00 9,166.67 Total Administration Salaries 5 Com ensatlon Total 390,000.00 2% Total $493,935.00 $493,935.00 2% Total for Administration Salaries Fringe Total Administration Budget Salary Montlz Total 7,083.33 3,916.67 . 5,000.00 85,000.00 47,000.00 5 60,000.00 5 DocuSign Envelope Program Coordinator Program Coordinator Program Coordinator Program. Coordinator Program Coordinator Program Coordinator Program Coordinator Financiai Officer Marketing Director Data Manager PR, Media Coordinator Literacy Coordinator Program Assistant Program Assistant Program Coordinator B. Fringe Benefits 1. 6.2% of Gross Salaries 62,000.00 5 8, 000. 00 64, 000. 00 55, 000. 00 4 7, 000. 00 62, 000. 00 57, 000. 00 45, 000. 00 67, 000. 00 48,500. 00 44, 000. 00 54, 000. 00 32, 000. 00 35, 000. 00 75, 000. 00 5,166.67 4,833.33 5,333.33 4,563.33 3,916.67 5,166.67 4,750.00 3,750.00 . 5,533.33 4,041.67 3,666.67 4,500.00 2,666.67 2,916.67 6,250.00 Total Program Salaries $997,500.00 2. Med. Tax 1.45% of Gross Salaries 3. Unemp. [ns./er. Comp lns./ Bonding Liab. Ins. 4.00% 3. Heaith Insurance/Retirement 15% Calculations: Salaries Com ensation $997,500.00 6.20% Med. Tax $997,500.00 1.45% Unemp.ins/er. Comp ins./ Bonding ins. Liab. ins $997,500.00 4.00% Health insurance/Retirement $997,500. 00 15% Total Total Administration Fringe Bene?ts . . Totai Salaries and Fringe Benefits $1,263,333.750 6% C. Travel Mileage, Gas 81 Lodging for staff for promotion and support of programs DocuSign Envelope lD: 3 Rate Percentage Total Mileage: Miles 5 0.540 100% Lodging: 35 nights 5 110 100% Total Travel D. Contractuai Services Amount Months Percentage Total 6,000.00 12 100% 6,000.00 12 100% 18,000.00 100% Copier Leases Printing Postage Single Audit Act Website Production, Hosting 8; Maintenanrie Rent Cell phone Computer Assessment 8; Data Tool 1,800.00 12 100% 18,000.00 12 100% 3,000.00 12 100% 5,000.00 12 100% ?mm-mm Utilities to include, cable, electric, gas, water, telephone service land lines, fax machine lines, internet pest control, garbage pick up, yardwork maintenance Advertising iContractual labor for Setup of labs 6,250.00 12 100% 30,000.00 12 100% 1,559.83 $12.00 100% - Total Contractual Services $949,317.96 4% E. Commodities Amount Months Percentage Toto! Educational Curriculum Supplies 12,500.00 12 100% Educational Curriculum 8: Supplies 5 1,000.00 12 100% Training and Conference Fees 800.00 12 100% Per Diem 5 500.00 12 100% DocuSign Envelope Rallies and Events 5 2,500.00 12 100% Coalition Meetings 5 2,000.00 12 100% Organizational Meetings 300.00 12 100% Desk/Chatrs/Cabinets/other Furnishing 10,000.00 12 100% 0 Quounitv Amount Per Item Percentage Amount Total :16 Port Gigabit Ethernet Switch 5 $75.00 100% Cat5e RJ-451ack 55 $2.10 100% ?Cat5e 1000ft Cable $160.00 100% ERJ-AS Connectors Box of 100 $50.00 100% 4 Port Ivory Single-Gang Faceplate 25 $1.75 100% Single?Gang Non-Metal Bracket 30 $1.50 100% Single?Gang Brush Wall Plate 5 $7.00 100% Keyboard 8t Mouse USB Combo 50 $30.00 100% Monitor w/ Port 50 $125.00 100% 31": Cable 50 $6.00 100% Microsoft Office 365 (Per Year) 10 $30.00 100% 5ft Adjustible Table 25 $200.00 100% tProjector Ceiling Kit 5 $87.00 100% 42" TV $250.00 100% 50" HDMI Cable $50.00 100% Full Motion TV Wall Mount $100.00 100% Surge Protector 25 $15.00 100% Teacher Desk $400.00 100% Epson Powerlite Projector $450.00 100% Cisco WAP371 $234.77 100% Subtotal Tax $0.07 100% Total Commodities $379,401.37 2% Ln mm LnLan') F. Equipment Amount Per Item Percentage Amount Total Mac mini 2.66Hz Processor 60 $679.00 100% DocuSign Envelope ID: 3' iMacBook 20 $999.00 100% SonicWall 10 $1,200.00 100% Pegasusz R4 12TB 1 $1,439.00 100% ?Apple Server 1 $3,308.00 100% ESubtotal iTax Total for Equipment Total Equipment $81,282.04 0% Total Administration 5 3,233,220.12 F. Subsidies, Loans, Grants Amount Percentage Total Subgrants to insure coverage of all counties listed in scope of services 5 18,266,779.88 100% TOTAL 5, 8: $18,266,779.88 85% Total for Mississippi Community Education Center Budget Activity $21,500, 000.00 DocuSign Envelope ID: Program Coordinator Program Coordinator Program Coordinator Program Coordinator Program Coordinator Program Coordinator Program Coordinator Financial Officer Marketing Director Data Manager PR, Media Coordinator Literacy Coordinator Program Assistant Program Assistant Program Coordinator B. Fringe Benefits DocuSign Envelope ID: 62, 000. 00 58, 000. 00 64, 000. 00 55, 000. 00 47, 000. 00 62, 000. 00 5 7, 000. 00 45, 000. 00 6 7, 000. 00 48,5 00. 00 44, 000. 00 54, 000. 00 32, 000. 00 35, 000. 00 75, 000. 00 l. FICA 6.2% of Gross Saiaries 2. Med. Tax 1.45% of Gross Salaries 3. Unemp. [ns./er. Comp ins/ Bonding Liab. ins. 4.00% 3. Health Insurance/Retirement 15% Calcaiations: Med. Tax Salaries $997,500. 00 $997,500. 00 Comp ins./ Bonding ins. Liab. ins $997,500.00 Health insurance/Retirement C. Travei $997,500.00 Total Administration Fringe Bene?ts Mileage, Gas 8; Lodging for staff for promotion and support of programs 5,166.67 4,833.33 5,333.33 4,583.33 3,916.67 5,166.67 4,750.00 3,750.00 5,583.33 4,041.67 3,666.67 4,500.00 2,666.67 2,916.67 6,250.00 Total Program Salaries $997,500.00 Com ensation Total 6.20% 1.45% 4.00% 15% Total Salaries and Fringe Benefits $1,263,333.750 6% DocuSlgn Envelope ID: Rate Percentage Total Mileage: Miles 5 0.540 100% Lodging: 35 nights 5 110 100% Total Travel D. Contractual Services Amount Months Percentage 6,000.00 12 100% 6,000.00 12 100% 18,000.00 100% Copier Leases Printing Postage Single Audit Act murm- Website Production, Hosting Maintenance Rent Cell phone Computer Assessment Data Tool Utilities to include, cable, electric, gas, water, telephone service land lines, fax machine lines, internet pest control, garbage pick up, yardwork 8: maintenance Advertising Contractual labor for Setup of labs E. Commodities Educational Curriculum Supplies Educational Curriculum 8: Supplies Training and Conference Fees Per Diem 1,800.00 18,000.00 3,000.00 5,000.00 6,250.00 30,000.00 1,559.83 Amount 12,500.00 1,000.00 800.00 500.$12.00 Months 12 12 12 12 100A: 100/0 100%: Total Contractual Services Examine. 100 100% 100% 100% 0 0 $949,317.96 4% Total DocuSign Envelope Rallies and Events Coalition Meetings Organizational Meetings Desk/Chairs/Cabinets/other Furnishing 2,500.00 2,000.00 300.00 10,000.00 Quounity 12 12 12 12 Amount Per Item $216 Port Gigabit Ethernet Switch 5 $75.00 2CatSe Jack 55 $2.10 CatBe 1000ft Cable $160.00 Connectors Box of 100 $50.00 4 Port Ivory Single?Gang Faceplate 25 $1.75 rSingIe-Gang Non?Metal Bracket 30 $1.50 Single-Gang Brush Wall Plate $7.00 5Keyboard Mouse USB Combo 50 $30.00 Monitor w/ Port 50 $125.00 3ft Cable 50 $6.00 Microsoft Office 365 (Per Year) 10 $30.00 5ft Adjustible Table 25 $200.00 iProjector Ceiling Kit $87.00 Ln $250.00 2342" TV so" HDMI Cable Ln $50.00 Full Motion TV Wall Mount Ln $100.00 Surge Protector 25 $15.00 Teacher Desk $400.00 $450.00 EEpson Powerlite Projector iCisco WAP371 LOLOLO $234.77 Subtotal ,Tax F. Equipment Quaunitv $0.07 Amount Per Item ?Mac mini 2.66Hz Processor 60 $679.00 100% 100% 100% 100% Percen tag 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Total Commodities Percen tag 100% 9. .9 Amount Toto! Amount Total $379,401.37 2% DocuSign Envelope ED: MacBook SonicWall fPegasusZ R4 12TB Server ESubtotal xTax Total for Equipment F. Subsidies, Loans, Grants Subgrants to insure coverage of at! counties Eisted in scope of services Amount 20 $999.00 100% 10 $1,200.00 100% 1 $1,439.00 100% 1 $3,308.00 100% Total Equipment Totai Administration Percentage 18,266,779.88 3.00% TOTAL 5, Total for Mississippi Community Education Center Budget Activity 5 $81,282.04 0% 3,233,220.12 Total $18,266,779.88 85% $21,500, 000.00 DocuSign Envelope ID: up? rut uu u: necessaries ID: weretsassessconsternation. EXHIBIT MDHS subgrant/Agreement hfianual (Revised 11f2/2016) Page 1 STANDARD AND CERTIFICATIONS 1 Section 4 OVERVIEW Each Subgrantee and any lower~tier subrecipient must assure compliance with the regulations, policies, guidelines, and requirements imposed by the Federal grantor agency and MDHS. The assurances listed in this section may not be applicable to a particular project or program, and there may be additional assurances required by certain Federal awarding agencies. Therefore, all subgrautees are responsible for knowing the speci?c requirements of their awards. Templates for required certi?catiOns are available online through subgrantees? MDHS employee account at in addition, each subgrantee must certify in writing that it will comply with the following regulations: 0 Lobbying; Suspension and Debarment; Drug?Free Workplace; Unresolved Monitoring and Audit Findings; and Fidelity Bond Coverage. STANDARD ASSURANCES The Subgrantee assures that it: 1. Has the legal authority to apply for and receive the subgrant; that a resolution, motion, or similar action has been duly adopted or passed as an of?cial act of the subgrantee?s governing body, authorizing the subgrant, including all understandings and assurances contained therein, and directing and authorizing the person identi?ed as the of?cial representative of the Subgrantee to act in connection with the subgrant and to provide such additional information as may be required; 2. Shall give MDHS, the State Auditor's Office, the Federal grantor agency, and the Comptroller General, or any other appropriate authorized state or Federal representatives, access to and the right to examine and cepy all records, books, papers, documents, or items related to the subgrant for as long as these records are required to be retained; 3. Shall establish and maintain both ?scal and program controls and accounting procedures in accordance with Generally Accepted Accounting Principles and Federal grantor agency and MDHS directives; and will keep and maintain such books and records for audit by MDHS, by the Federal grantor agency, by the State Auditor, or by their authorized representatives; and will maintain either electronic or paper files of all such records, books, papers, documents, or items for a period of at least three (3) years from the date of submission of the ?nal Claim Support Sheet, or, if any litigation, claim, audit, or action has begun before the expiration of the three~year period, will retain all such items until the completion of the action and resolution of all issues involved or until the end of the regular three~year period, whichever is later, and will obtain written approval from the MDHS Division of Program integrity or Funding Division Director prior to destroying any such items as described above upon the expiration of the above-stated period. The request shall be completed by submission of the Request to Dispose of 18 MDHS Subgrant/Agreement Manual (Revised 11/2/2016) Page 2 STANDARD ASSURANCES AND CERTIFICATIONS Section 4 Request to Dispose of Records form 4. Shall comply with the Single Audit Act Amendments of 1996; 5. Shall comply with the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Shall provide, in a timely manner, written disclosure, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the subgran?r; Shall establish safeguards to prohibit employees from using their positions for a purpose that involves nepotism, or constitutes, or presents the appearance of any other personal or organizational con?ict of interest, or personal gain; Shall comply with all Federal and State statutes relating to discrimination, including, but not limited to: Titie VI of the Civil Rights Act of 1964, prohibiting discrimination on the basis of race, color, or national origin; Title Vii of the Civil Rights Act of 1964, relating to non?discrimination in matters of . recruitment, hiring, promotion, and other employment practices; Title of the Civil Rights Act of 1968, as amended, relating to nondiscrimination the, sale, rental, or ?nancing of housing; Title IX of the Education Amendments of 1972, as amended, prohibiting discrimination on the basis of gender in federally assisted education programs and activities; Age Discrimination Act of 1975, prohibiting discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, prohibiting discrimination on the basis of handicaps; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Omnibus Reconciliation Act of 1981, prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, and handicap; Drug Abuse Of?ce and Treatment Act of 1972, as amended, relating to non?discrimination on the basis of drug abuse; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, as amended, relating to non~discrimination on the basis of alcohol abuse or alcoholism; i9 DocuSign Envelo 9 ID: UUG Dig?! tl?W lUp? lUl U0 {El 34120.; MDHS Subgrant/Agreement Manual (Revised 11/2/2016) Page 3 STANDARD ASSURANCES AND CERTIFICATIONS Section 4 10. ii. 12. 13. 14. 15. 16. 17. Sections 523 and 52?? of the Public Health Service Act of 1912, as amended, relating to con?dentiality of alcohol and drug abuse patient records; and Any other non-discrimination provisions in the speci?c statute(s) Under which these monies will be granted or awarded and the requirements of any other non?discrimination statute(s) which may apply to this subgrant or award. Shall ensure that buildings and facilities owned, occupied, or ?nanced by the United States government are accessible to and usable by physically handicapped persons in accordance with the Architectural Barriers Act of 1968; Shall comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, which provide for fair and equitable treatment of persons displaced or whose preperty is acquired as a result of Federal and federally assisted programs. These provisions apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases; Shall comply with the provisions of the Hatch Act, as amended, which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds; Shall comply, as applicable, with the provisions of the Davis-Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act, regarding labor standards for federally assisted construction subagreements; Shall conform with Executive Order (E0) 11246, entitled "Equal Employment Opportunity," as amended by 130 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60) and will incorporate an equal opportunity clause in federally assisted construction contracts and subcontracts; Shall comply with the minimum wage and maximum hours provisions of the Federal Fair LaborStandards Act; Shall comply with the Intergovernmental Personnel Act of 1970 relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations speci?ed in Appendix A of OPM's Standards for a Merit System of Personnel Administration; Shall comply, if applicable, with Section 102(a) of the Flood Disaster Protection Act of 1973, which requires recipients in a Special ?ood hazard area to participate in the program and to purchase ?ood insurance if the total cost of insurable construction and acquisition is $10,000 or more; Shall comply with the Lead?Based Paint Poisoning Prevention Act, which prohibits the use of lead?based paint in construction or rehabilitation of residence structures; 20 EnvelopelD: 9132A93D4 MDHS Subgrant/Agreement Manual (Revised 11/2/2016) Page 4 STANDARD ASSURANCES AND CERTIFICATIONS Section 4 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Shall assist the Federal grantor agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended; E0 1 1593; and the Archaeological and Historic Preservation Act of 1974; Shall comply with environmental standards which may be prescribed pursuant to the following: institution of environmental quality control measures under the National Environmental Policy Act of 1969 and E0 11514; noti?cation of violating facilities pursuant to E0 11738; protection of wetlands pursuant to E0 11990; evaluation of ?ood hazards in flood plains in accordance with E0 11988; assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972; conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 of the Clean Air Act of 1955, as amended; protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended; protection of endangered species under the Endangered Species Act of 1973, as amended; (1) Section 6002 of the Resource Conservation and Recovery Act; and the Coastal Barriers Resources Act; Shall comply with the Wild and Scenic Rivers Act of 1968 related to protecting components or potential components of the national wild and scenic rivers system; Shall comply with Public Law (PL) 93?348 regarding the protection of human subjects involved in research, development and related activities supported by this subgrant; Shall comply with the Laboratory Animal Act of 1966 pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this subgrant; Shall comply with Federal regulations regarding criteria for cost sharing or matching contributions; Shall assure all funds received shall be used only to supplement services and activities that promote the purposes for which the grant is awarded, and not supplant, unless speci?caliy authorized by the program regulations and the appropriate MDHS Divisioa; Shall provide certi?cation regarding lobbying to comply with Section 319, PL 101~121 USC 1352); Shall provide the required certi?cation regarding their exclusion status and that of their principal?s prior to the award in accordance with 1303 12549 and 12689 Debarment and Suspension; Shall provide certi?cation to comply with the Drug-Free Workplace Act of 1988; Shell comply with The Privacy Act of 1974 (5 USC ?552a) related to gathering and disclosure of information and documentation maintained on individuals; 21 Envelope ID: F644 F351 -0231 902A93D4 MDHS Manual (Revised 11/12/2016) Page 5 STANDARD ASSURANCES AND CERTIFICATIONS Section 4 29, Shall comply with all applicable requirements of all other Federal and State laws, Executive Orders, regulations, and policies governing the program(s) for which these monies are provided and with the terms and conditions of the Subgrant Agreement, including but not limited to all documentation/information required by the MDHS ?mding divisions for federal reporting purposes. - 30. Shall comply with all requirements of the Federal Funding Accountability and TranSparency Act (FFATA). This includes providing the greater at DUNS number and other information such as executive compensation data when required so the grantor can meet the reporting requirements of FFATA. 31. Shell comply with the Pilot program forenhancement of contractor employee whistleblower protections (48 CPR 3.908-3, 48 CFR 52.203~17 and 41 U.S.C. 4712). Speci?cally, the subgrouteeilower-tier subrecipient shall provide written noti?cation to all employees, of the subgrantee/lower-tier subrecipient, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in 48 CFR 3.908 of the Federal Acquisition Regulation. Subgrantees shall also include in each agreement with lowerwtier subrecipients the required whistleblower provisions, as mandated in 48 CFR 52203-17. 32. Shall ensure that it will require any lower-tier subrecipients to comply with the above listed regulations and any other applicable requirements of all other Federal and State laws, Executive Orders, regulations, and policies governing the program(s) for which these monies are provided and with the terms and conditions of the Subgrant Agreement, including but not limited to all documeiitation/infonnation required by the MDHS funding divisions for federal reporting purposes. As a duly authorized representative of the subgrantee, I hereby assure and certify compliance with the above mentioned provisions and all other applicable Federal and state statutes, regulations, policies, guidelines, and requirements of the Subgrant/Agreement Manual, as well as the speci?c terms and conditions of the Subgrant/Agreement. SUBGRANTEE NAME AND ANY OTHER NAMES UNDER WHICH THE SUBGRANTEE HAS DONE BUSINESS: Mississippi Community Education Center SUBGRANTEE ADDRESS AND ANY OTHER ADDRESSES THE SUBGRANTEE HAS USED: 1430 Lelia Dr. Jackson. MS 39216 TYPED NAME AND TITLE, OF THE AUTHORIZED REPRESENTATIVE: Dr. Nancy New Executive Director SIGNATURE OF AUTHORIZED REPRESENTATIVE AND DATE: DocuSlgned by: NW 9/20/2017 22 DoouSign Envelope ED: Board Members Noti?cation of Liability Revised Apiil 19, 20M EXHIBIT FOR NON 5114 A GENCIES ONL Mississippi Department of Human Services Board Member?s Noti?cation of Liability Liability MDHS assumes no liability for actions of the Subgrantee or its employees, agents or representatives under this Subgrant. Subgrantee agrees to indemnify, defend, save and hold harmless MDHS from and against all claims, demands, liabilities, suits, damages and costs of every kind and nature whatsoever, including court costs and attorney?s fees, arising out of or caused by Subgrantee and/or its agents, employees, contractors, or Subcontractors, in the performance of this Subgrant. The Subgrantee acting through its Board of Directors assumes liability in the event the Subgraatee misuses funds or fails to perform according to the provisions of the Subgrant. The Subgrantee shall notify each Board member, in writing, within 15 days of receiving the executed Subgrant of this requirement, and the Sabgrantee shall sign a statement of this effect prior to receiving funds under this subgrant. I acknowledge and agree to notify all members of the Board of Directors, if appiicable, in writing of the aesumption by Mississippi Community Education Center of in the event that Mississippi Community Education Center misuses funds or fails to perform according to the provisions of the Subgrant. Further, I will keep a copy of said noti?cation letter as a permanent part of the Subgrant ?le. DocuSignsd by: Signatu?e of E?tity?s Dire toMi?MU? Name: ancy 6w Missismpp: Community Education Center Organisational; Date: 23 DocuSign EnvelopeJD: FORM Raised F?m?ry I. 3011 EXHIB IT MDHS Subgrant/Agreement Manual Acceptance Form Subgranthontract Manual Coordinator Each Subgrantee should designate a Mississippi Department of Human Services Subgrant/Contract Manual coordinator who is familiar with the agency?s operations. The coordinator?s name, address, and telephone number should be sent directly to the Director, Of?ce of Monitoring, Mississippi Department of Human Services, by the beginning of each contract period. The subgrantee should only notify the Director, Office of Monitoring, MDHS, in writing of any change in assignment. Mississippi Community Education Center As duly authorized representative of the I certify that said organization will comply with the above provisions and that I have accessed as of this date, a copy of the 2016 Mississippi Department of Human Services Sabgraat/Agreement Manual. DocuSlgnad by: MW 9/20/2017 Wastes- Date Nancy New Mississippi Community Education Center Title Organization Federal charment Veri?cation Font: Revised April 5, 2016 24 DocuSign {Envelope? ID: EXHIBIT MISSISSIPPI DEPARTMENT OFHUMAN SERVICES FEDERAL DEBARMENT VERIFICATION FORM Please Prin Wm Clearly in Blue Ink Subgrantee?s/Contractor?s Name Mississippi Community Education Center Authorized Official?s Name Nancy New DUNS Number 959441684 Address 1430 Lelia Drive Jackson, MS 39216 Phone Number 601-366-6405 Are you Currently registered with mmgov {Respond Yes or No) Yes Registration Status (Type Active or Inactive) Active Active Exclusions am Yes orNo) No I hereby certify that Mississippi Community Education Center is not on the iist for federal debarment Subgrantee?s NameIContractor?s Name on -?Systam for Award Management. Docusignad by: 9/ 20/ 2017 Of?cial Date Partnership Debarment Verification Form 25 002%? Enve?ope ?1 Revised April 5, 2016 EXHIBIT MISSISSIPPI DEPARTMENT OF HUMAN SERVICES DEBARMENT VERIFICATION FORM Please Prin?Tvpe Cleorlv in Bfae Ink Subgrantee?s/Contractor?s Name Mississippi Community Education Center Authorized Official's Name Nancy New DUNS Number 9594141684 Address 1430 Loiia Drive, Jackson, MS 39216 Phone Number 601 4368-8405 I hereby certify that all entities who are in partnership with MDHS (subcontractors, subrecipients, at al.) are not on the fedora! dobarmeot list on msamgov System for Award Management. Proof of documentation of partnership veri?cation with SAM she? be kept on ?le and the debarment status shail be checked prior to submission of every contractisubgrant and modi?cation to MDHS. Doousignad by: NWMW 9/20/2017 Of?cial Date 26 DocuS?gn Envelope ED: EXHIBIT STATE OF MISSISSIPPI Minority Vendor Self Certi?cation Form Please complete the following itlfonna?on on this form and netum immediately to the Mississippi Depmnnent of Finance and Adminish?ation, Attention: Vendor File Maintenance, PO. Box 1060, Jackson, Mississippi 39215. Forms may also be faxed to (601)359-5525. . Name of Business: Mississippi Community Education Center Address: 1430 Lem Drive Post Office Box: City: Jackson State: MS Zip: 39216 Telephone me I.D.: 58~2046994 SAAS Vendor #5 (if known): Asueed inth?eprovelon,mearsa minority?owed byonowmore economkallydisadveniaged andmreeits byoneormorem mdividualsasaoo'?oed unda?theMinoritym waid?ieSmaH Embossed 15 infotmation. Sioulelyou receiire additional Shanaornmdaes'etarmln mpleting 3155mm! plmeali the madam Developmer?mdmiity, Enterprise Divisionat?Oi?BSQ?EMB. a. APPLICABLE NOT APPLICABLE IF MINORITY STATUS IS APPLICABLE, PLEASE CHECK APPROPRIATE CODE BELOW: Minority Business Enterprise Women Business Enterprise A (Asian Indian) (Asian Indian) (Asian Pacific) Asian Pacific) (Black American 0 (Biack American) (Hispanic American) (Hispanic American) (Native American) (Native American) (Other) Non Ethnic Women The undersigned oe?i?a under the penalties (administrative ?pension and/or ineligibility for participation) set forth in the Minority Business Enterprise Ad: 57- 69, and the Small Businm Ad: 15 USS, Section 637 that the company dassi?oa?on and selected information above is true and correct. The endemigned will advhe ofany mange in such dossi?ca?on at once. Docusluned by: Business: Mississippi Community Education Centercerti?ed WW My Data: 9/ 20/ 2017 Title: Executive Director Nancy New lssueDateMmh 31, 2002 27 DocuSign [Envelopelm MISSISSIPPI MINORITY BUSINESS ENTERPRISE ACT 57-69 WNORlTYasusad Slamsand who is: Bladmme?cans racial groups ofAfrlca; HE?mnlc Wm of Mexican, mm Rloan, Cuban, CanoaVSouth America, Spam-sh or Formguese (Home ororigln: Native Anagram In any oflhe otiglnal peoples Norm mm; Asian Paci?c Mm origins af?ne Far East, Soulheast Asia, the Indian submminont; Women. MWOME) W55 as {sod In misprwision means a socially and mmomlcally disadvantaged small oonosm algantzed for performing a Lse?ll mm which is om and by one arm Individuals ormlnonw business W, at ofwhom one ofthe OWNEDAND CONTROLLED as load lo misproylslon mma business in M?dwnsormomlnodussormlnorny enterprisesmatomsand managementand daily businsmopemtiomof?iebmimss. SMALL BUSINESS ACTI5 USCS, SECTION 637 For the purposes of this provblon, the lam socially and annonlcally dmntaged small business oormm means any small business calm whim is at least 51% domed by one or more socially and manually dlsadvanlaged lndeuals, atloastSIO/n byone. ormesocialw and individuals, and ?len'lanagementand daily buslnassopolalions . ofsud1 small hmlneasoormn are by mormesoda?y and musically disadvantaged sawed in this provision meam who havebeenalmecten to racial and emnlc pmjudkn ormlollal bias because oftholr identity mernbersofgmup and wl?aout regard to that individual qualities. ECONOWCAJLY DISADVANTAGED as land in moans Individuals who ans sodally disadvantaged whose ability to compete In the free enterprise system has been impaired due to diminished capital and aedlt oppomm?rtles as compared to othols In the same area who are not socially disadvantaged. In Willing the degree of diminished credit and casual the Administration shall (msldar, out not be [Emma is, the WIS and net worth of sum sodally dsadvantagod individual. In the economic disadvanlage of an Indian bibs, the Shall oonskier, whorsavailable, inhma?onsudw asthefollowing: ?lopwcaplla Inmme of the tribe excluding Judgmentawards, the pemmtoge ofthe local Indian population below the poverty level, and the hibes amass to capital markets. WOMEN OWNED BUSINESS mum ENTHIPRISE as mod {n this pmvisbn meals a socially and disadvantaged small business oonmm organ?zad for pro?t a commonly useful fundlon which Is at least 51% ownedbyoneormomwmlen: andwhosemanagamsntand byoneornmwomon To view the above men?onsd Ads In their entirety log onto and IanDateW?Jlm 28 DocuSign Enveiope iD: 8. SEQ 1" it}? .4 a twain/in 'F?MI-E-irliijri?? l?i Plo'} Company It) Number: 651849 THE PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Ms Community Education Center (Employer) regarding the Employer's participation in the Employment Eligibility Veri?cation Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates speci?c responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E~Verify is a program that electronically confirms an employee?s eligibility to work in the United States after completion of the Employment Eligibility Veri?cation Form (Form For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E~Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. 1324a note). Authority for use of the E?Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, ?Employment Eligibility Veri?cation?, of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a ?Federal contractor with the FAR E?Verify clause?) to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees veri?ed under this MOU and the employment authorization of US. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the veri?cation of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 E-Verify MOU for Employer i Revision Date 09i01109 DocuSign Envelope ID: SD2A93D4 srr- i-r-r. :51: Company ID Number: 651849 by the Privacy Act (5 U.S.C. 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated veri?cation that is designed (in conjunction with DHS's automated system if necessary) to provide con?rmation or tentative noncon?rrnation of US. citizens? employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary veri?cation (including updating SSA records as may be necessary) for employees who contest SSA tentative noncon?rrnations that is designed to provide ?nal con?rmation or noncon?rmation of US. citizens? employment eligibility and accuracy of SSA records for both citizens and non-citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional veri?cation instructions. B. RESPONSIBILITIES OF DHS 1. After SSA veri?es the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: - Automated veri?cation checks on employees by electronic means, and - Photo veri?cation checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's. participation in the E??Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make availabie to the Employer at the E?Verify Web site and on the E?Verify Web browser, instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E?Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Of?ce of Special Counsel for Immigration?Related Unfair Employment Practices (OSC), Civil Rights Division, US. Department of Justice. 5. DHS agrees to issue the Employer a user identi?cation number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the veri?cation of employees? employment eligibility and for evaluation of the E?Verify program, or to such other persons or entities as may be authorized by applicable law. information will be used oniy to verify the accuracy of Social Security Numbers and empioyment eligibility, to enforce the Immigration and Page 2 of 13 1 E-Verify MOU for Empioyeri Revision Date WW.th.gOVIE-Verify DocuSign Enveiope ID: - Si 00. a . t?i with? - 9 25 A 3?3? :l H: Company ID Number: 651849 Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated veri?cation that is designed (in conjunction with SSA veri?cation procedures) to provide con?rmation or tentative noncon?rmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary veri?cation (including updating DHS records as may be necessary) for employees who contest DHS tentative noncon?rmations and photo non- match tentative noncon?rmations that is designed to provide ?nal con?rmation or noncon?rmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional veri?cation instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be veri?ed through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and compiy with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment veri?cation queries will complete the E?Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form procedures, with two exceptions: - If an employee presents a "List identity document, the Employer agrees to only accept "List documents that contain a photo. (List documents identi?ed in 8 C.F.R. can be presented during the Form l-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E?Verify at 888-464-4218. If an employee presents a DHS Form ~551 (Permanent Resident Card) or Form l-766 (Employment Authorization Document) to complete the Form l?9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee?s Form l-Q. The photocopy must be of suf?cient quality to allow for veri?cation of the photo Page 3 of 13 i E-Verify MOU for Employer 5 Revision Date osrorros DocuSign Envelope - Harm-re}, can? 5?04?iwsj?n?g 6 N- {211$ If?) Company umber: 651849 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non?matches that are contested by employees. Note that employees retain the right to present any List A, or List and List C, documentation to complete the Form DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms l-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2748 of the INA with respect to Form l-Q procedures, except for the following modi?ed requirements applicable by reason of the Employer?s participation in E?Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains con?rmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E~Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a ?nal nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each faiiure to notify DHS of continued employment following a ?nal noncon?rmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section if the Employer continues to employ an employee after receiving a ?nal noncon?rmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the con?rmation system. DHS reserves the right to conduct Form l?Q and E?Verify system compliance inspections during the course of E~Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E~Verify veri?cation procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form has been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E?Verify User Manual, or in the case of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is prohibited from initiating veri?cation procedures before the employee has been hired and the Form l~9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer?s attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate veri?cation by notating the Form l-Q in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an EnVerify employment veri?cation query using the employee?s SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E~Verify procedures for pro?employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E?Verify for all new employees, unless an Employer is a Federal contractor that quali?es for the exceptions described in Article Except as provided in Article the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Empioyer uses the E~Verify system for any purpose other than as authorized by this MOU, the Employer Page 4 of 13 1 E-Veriiy MOU for Employer Revision Date DocuSign Envelope lDi'l'i?Ir? IS Fl Biti'rIIE {?55 5.54 Company ID Number: 651849 may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article below) regarding tentative noncon?rmations, including notifying employees in private of the ?nding and providing them written notice of the ?ndings, providing written referral instructions to employees, allowing employees to contest the ?nding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative noncon?rmation based upon a photo non-match, the Employer is required to take af?rmative steps (see Article below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the veri?cation request unless the Employer obtains knowledge (as defined in 8 C.F.R. that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated veri?cation system to verify work authorization, a tentative noncon?rmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the ?nding of a photo non-match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. in any of the cases listed above, the employee must be provided a full and fair opportunity .to contest the ?nding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee?s perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary veri?cation by SSA or DHS has been completed and a final noncon?rmation has been issued. If the employee does not choose to contest a tentative noncon?rmation or a photo non-match or if a secondary veri?cation is completed and a final noncon?rmation is issued, then the Employer can ?nd the employee is not work authorized and terminate the employee?s employment. Employers or employees with questions about a ?nal noncon?rmation may call E?Verify at 1-888-464?4218 or 080 at 1?800- 255-8155 or 1-800-237-251 5 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as de?ned in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective veri?cation or use of E?Verify except as provided in part below, or discharging or refusing to hire employees because they appear or sound ?foreign? or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration? related employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact 080 at 1?800-2558155 or 1~800~237-2515 (TDD). Page 5 of 13 i E-Verify MOU for Employer Revision Date DocuSign Enveiope ID: . ., - inert/rs <3 {51539ng itil?g .. 0 mainlevlr?. cz-z'I-s Company ID Number: 651849 12. The Employer agrees to record the case veri?cation number on the employee's Form l-9 or to print the screen containing the case veri?cation number and attach it to the employee?s Form IS. 13. The Employer agrees that it wiil use the information it receives from SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its con?dentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. 552a(i)(1) and and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms l-9 and other employment records and to interview it and its employees regarding the Employer's use of E?Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E?Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment veri?cation terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been veri?ed through E-Verify by the Employer, the Employer may not reverify the employee through E?Verify. a. Federal contractors with the FAR E-Verify clause agree to become familiar with and comply with the most recent versions of the E?Verify User Manual for Federal Contractors and the E~Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for Federal contractors with the FAR E-Verify clause. 0. Federal contractors with the FAR E~Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E~Verify at the time of a contract award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate veri?cation of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such veri?cation of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor with the FAR E?Verify clause, the Employer must initiate veri?cation of employees assigned to the contract within 90 calendar days from the time Page 6 of 13 E-Verify MOU for Employer] Revision Date OQIOHOQ hS.gOVIE-Verify DocuSign Envelope iD: I 2 Jews; or? Q?"?Mme? a rx 'EI?l?ri?fi. run gm) ?1.11 Company if) Number: 651849 of enrollment in the system and after the date and selecting which employees will be veri?ed in E-Verify or within 30 days of an employee?s assignment to the contract, whichever date is later. d. Employers that are already enrolled in E-Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause: Employers enrolled in E-Verify for 90 days or more at the time of a contract award must use E?Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify clause, must update E?Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E?Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such veri?cation of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E?Verify clause in E-Verify must initiate veri?cation of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E~Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E~Verify clause may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment veri?cation of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Veri?cation of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E?Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify veri?cation of all existing employees within 180 days after the election. g. Form I-Q procedures for existing employees of Federal contractors with the FAR Verify clause: Federal contractors with the FAR E?Verify clause may choose to complete new Forms l-9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E~Verify clause may also update previously completed Forms l?Q to initiate E?Verify veri?cation of existing employees who are not completely exempt as long as that Form l-Q is complete (including the SSN), complies with Article ll.C.5, the employee?s work authorization has not expired, and the Employer has reviewed the information re?ected in the Form l-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form l?9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized US. citizen). if the Employer is unable to determine that the Form Page 7 or 13 E-Verify wrou for Employer Revision Date 09:01:09 DocuSign Envelope ID: . . SECEQ i - gig)? I . I: (9 r-vrta-vr is A vi rm r354: rut-l Company ID Number: 651849 complies with Article if the employee?s basis for work authorization as attested in section 1 has expired or changed, or if the Form contains no SSN or is otherwise incomplete, the Employer shall complete a new l-9 consistent with Article or update the previous to provide the necessary information. If section 1 of the Form l-9 is otherwise valid and up~to~ date and the form otherwise complies with Article ll.C.5, but re?ects documentation (such as a US. passport or Form [?551) that expired subsequent to completion of the Form l-Q, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second veri?cation using E-Verify of any assigned employee who has previously been veri?ed as a newly hired employee under this MOU, or to authorize veri?cation of any existing employee by any Employer that is not a Federal contractor with the FAR E?Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its veri?cation responsibilities under this to contracting officers or other of?cials authorized to review the Employer?s compliance with Federal contracting requirements. ARTICLE REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. if the Employer receives a tentative noncon?rmation issued by SSA, the Employer must print the notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative noncon?rmation. The Employer must review the tentative noncon?rmation with the employee in private. 2. The Employer will refer employees to SSA field of?ces only as directed by the automated system based on a tentative noncon?rmation, and only after the Employer records the case veri?cation number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative noncon?rmation. The Empioyer will transmit the Social Security Number to SSA for veri?cation again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative noncon?rmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative noncon?rmation, the Employer wilt provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written veri?cation of the Social Security Number from the SSA. Page 8 of 13 E-Verify MOU for Employer Revision Date 09i01i?09 DoouSign Envelope iDFi?; 6? I ?Q?Ws?ca I: 212931 :3 A $79317" rt": Inc an Company lD Number: 651849 B. REFERRAL TO DHS 1. If the Employer receives a tentative noncon?rmation issued by DHS, the Employer must print the tentative noncon?rmation notice as directed by the E-Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative noncon?rmation with the employee in private. 2. if the Employer ?nds a photo non?match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non?match tentative noncon?rmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the ?nding. The Employer must review the tentative noncon?rmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the empioyee chooses to contest a tentative noncon?rmation received from DHS automated veri?cation process or when the Employer issues a tentative noncon?rmation based upon a photo non?match. The Employer will determine whether the employee contests the tentative noncon?rmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative noncon?rmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll?free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative noncon?rmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates 6. The Employer agrees that if an employee contests a tentative noncon?rmation based upon a photo non-match, the Employer will send a copy of the employee?s Form l-551 or Form l?766 to DHS for review by: - Scanning and uploading the document, or Sending a photocopy of the document by an express mail account (paid for at employer expense). If the Employer determines that there is a photo non?match when comparing the photocopied List document described in Article ?.05 with the image generated in E-Verify, the Employer must forward the employee?s documentation to OHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 E~Vertfy MOU for Employer Revision Date DocuSign Envelope ED: - Bu ()fo 5:094, -. <5 l?lr' Company ID Number: 651849 SSA and DHS will not charge the Employer for veri?cation services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E?Verify program unless modi?ed in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E?Verify checking against additional data sources and instituting new veri?cation procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E?Verify User Manual, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause may terminate this MOU when the Federal contract that requires its participation in E~Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E?Verify clause fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E~Verify clause, and will be required to use the E?Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E?Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust veri?cation responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or bene?t, substantive or procedural, enforceable at law by any third party against the United States, its agencies, of?cers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E?Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity Page 10 of 13 E?Verify MOU for Empioyeri Revision Date 09i01l09 DocuSign Envelope QDZAQSD4 I a? ?QtyEtahewc?t ?b?J?-irl??ko -. It? 1-33-91} 5 3 "011%! Company ID Number: 651849 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not con?dential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E?Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 13 [IE-Verify MOU for Employer] Revision Date 09l011'09 Envelope iD: Company iD Number: 651849 E-Verify To be accepted as a participant in E-Verify, you should only sign the Employer?s Section of the signature page. If you have any questions, contact E?Verify at 888464-4218. Zach New Employer -M_s Community Education Center -. Name Type or Print) Electronically Signed 03I13I2013 Signature Date USCIS Veri?cation Division I Department of Homeland Security Verifieatio?n Diyision Name (Please Type or Print) Electronlcaliy Signed Title - 03l13l2013 Signature -- . . Date . .. Information Requrred for the E~Verify Program Information relating to your Company . Comparwame Ms Community Education Center .Cgmpany Facility Address; 1447 Lelia Drive 1 _H_'Jackson, MS 39216 _'Co.mpany Alternaie P. Box12347 Address: I Jackson us 39236 . County or Parish: Employer Identi?cation Number: 582046994 Page 12 of 13 i E-Verify MOU for Employer Revision Date 09l01i09 DocuSign Envelope IDr-it? Company ID Number: 651849 North American Industry Classi?cation Systems Code: 6? Administrator? Number of EmploySeS: 20 t0 99 . Number of Sites Vent? ed for: 1 Are you verifymg for men; than 1 sitS? If ySs, plSaSS prowde number of verl?ed for, in each State - -- - . . . . . . MISSISSIPPI 1' stU Information relating to the Program for your Company on policy questions or operational problemS? Name: - 3 I Zach New 'Te'cphoneNn-mber: (601)982-1827 'I'Fax?mber: E?mailAddgeSs; -. znew@mscec.org Page 13 of 13 E-Verify MOU for Employer Revision Date OQJOHOQ