GRANT FY17 AMCORP - AMERICORPS FUNDING AGREEMENT.PDF

Arizona Supreme Court
Administrative Office of the Courts
FUNDING AGREEMENT FOR
ARIZONA SUPREME COURT, ADULT PROBATION SERVICES DIVISION
AMERICORPS PROGRAM
SUPERIOR COURT IN MARICOPA COUNTY
Fiscal Year 2016-2017
March 27, 2017 to August 31, 2017
This Agreement is entered into by and between the Administrative Office of the Courts Adult
Probation Services Division, herein referred to as the “AOC,” on behalf of the Arizona Supreme
Court, and the Superior Court in Maricopa County, herein referred to as “Sub-grantee,” in
accordance with A.R.S. §41-2405(B)(6).
RECITAL
Pursuant to the Interagency Service Agreement Number ISA-AC-GR-16-090116-02, between
the Governor’s Office of Youth, Faith and Family and the Arizona Supreme Court, Arizona
Administrative Office of the Courts, which is referred to in this document as the AmeriCorps
Grant Agreement, copy attached and incorporated as Exhibit A,
WHEREAS, ARS §41-101.01 authorizes the Governor’s Office of Youth, Faith, and Family to
execute and administer contracts and is charged with the responsibility of administering funds
and programs for the AmeriCorps Competitive Grant Program, pursuant to the Corporation for
National and Community Service Grant Award No.15AFHAZ001, authorized by the National
and Community Service Act of 1990, as amended 42 U.S.C. §12501 et seq.,
WHEREAS, Article VI, §3 of the Arizona Constitution grants authority to the Arizona
Administrative Office of the Courts to execute and administer contracts. The Arizona
Administrative Office of the Courts is granted authority to administer and oversee appropriated
and fee generated funds as well as grants designed for adult probation services in accordance
with the Arizona Code of Judicial Administration §6-101 through §6-212.
WHEREAS, ARS §35-148(A) authorizes Interagency Service Agreements between budget units
to provide reimbursement for services performed, or for the advancement of funds for services to
be performed, and authorizes the funds to be credited to the appropriate account for the budget
unit performing the services.
THEREFORE, this agreement, and the AmeriCorps Grant Agreement and all addendums to this
agreement, establish the terms and conditions for the allocation of AmeriCorps grant monies to
the Sub-grantee. The Sub-grantee agrees to expend all grant monies in accordance with the
budget set forth in the Addendum A and in accordance with the AmeriCorps Grant Agreement
and budget details interpreted by the program manager, with purposes to implement the
AmeriCorps plan as outlined in the grant.

TERMS AND CONDITIONS
1. Terms of Agreement
This Agreement becomes effective the date signed, and shall remain in effect through August 31,
2017.
2. Arizona Supreme Court, Adult Probation Services Division, AmeriCorps Program
Grant Agreement
The Sub-grantee agrees to abide by all provisions of the AmeriCorps Grant Agreement, copy
attached and incorporated as Exhibit A, as outlined in the grant and interpreted and approved by
the program manager, and the Addendum A, and the AmeriCorps Base Member Living Allowance
Chart below, which is determined by the AmeriCorps State Commission.
MEMBER SLOT (#HOURS) BASE MEMBER LIVING ALLOWANCE (TAXABLE NOT TAXED*)
HALF-TIME (900 HOURS) $6,265.00
REDUCED HALF-TIME (675 HOURS) $4,691.75
QUARTER-TIME (450 HOURS) $3,132.50
MINIMUM-TIME (300 HOURS) $1,566.25
3. Modification and Termination
This Agreement may be modified or terminated by the AOC if in its judgment such action is
necessary due to: (a) funding availability; (b) statutory changes in the program; (c) the Sub-
grantee’s failure to implement or operate the approved plan; (d) the Sub-grantee’s non-compliance
with this Agreement, A.R.S. §41-2405(B)(6), or the AmeriCorps Grant Agreement; (e) requisite
reports are not received within the time frames set out in Section 5 of this Agreement; or, (g) other
circumstances that necessitate such action. Either party may, upon 30 days written notice to the
other party by certified mail, terminate this Agreement.
Any modifications to the Plan, Addendum, or Funding Agreements must be approved in writing
by the AOC.
4. Fund Accounting
Funds distributed or reimbursed to the Sub-grantee shall be deposited in a Special Revenue Fund
established for the execution of this Agreement pursuant to Section III(B) of the Auditor General’s
Uniform Accounting Manual for Arizona Counties.
5. Expenditures
a. Distribution of Funds.
The AOC may retain all or any portion of the funds allocated to the Grantee for the performance
of its approved plan and may authorize direct expenditures for the benefit of the Sub-grantee. The
specific amounts to be disbursed or reimbursed to the Sub-grantee are set forth in Addendum A to
this Agreement. If funds are disbursed, the AOC may periodically modify the distribution of funds
contained in Addendum A based on its determination of the Sub-grantee’s need for and usage of
the grant funds.

b. Reporting Requirements.
The Sub-grantee agrees to submit periodic financial and performance reports as required by the
AOC. The Sub-grantee agrees to submit financial reports on a monthly basis, due the 10th of each
month. The Sub-grantee shall submit quarterly performance status reports in accordance with the
following schedule:
Quarter Report Period Due Date
1st March 10, 2017 to March 31, 2017 April 10, 2017
2nd April 1, 2017 to June 30, 2017 July 10, 2017
3rd July 1, 2017 to August 31, 2017 September 10, 2017
Closing Report September 10, 2017
In the event reports are not received on or before prescribed dates, funding will be suspended
until such time as delinquent reports are received.
c. Unexpended Disbursed Funds.
Disbursed funds unencumbered as of August 31, 2017, and unexpended, shall be transmitted to
the AOC no later than September 10, 2017. The Sub-grantee agrees to expend all encumbered
funds by no later than September 10, 2017. The reversion shall be accompanied by a closing
financial statement signed by the Presiding Superior Court Judge.
d. Inappropriate Expenditures.
The Sub-grantee shall expend funds only for the purposes and uses specified in the approved plan
and budget, as interpreted and approved by the program manager. The Sub-grantee agrees to
reimburse the Grant for any unauthorized or inappropriate expenditures which are not in
compliance with the approved plan and budget, this Agreement, and A.R.S. §41-2405(B)(6).
e. Budget Modifications.
Funds shall not be shifted to or from any budget category without prior written approval from the
AOC. All budget modifications shall be in accordance with the AOC Budget Modification Policy
and the AmeriCorps Grant Agreement.
f. Termination of Funding.
In the event that this Agreement is terminated, all unexpended funds in the possession of the Sub-
grantee shall be returned to the AOC within 30 days of such termination, along with, but not limited
to: (1) a closing financial statement; (2) a final report outlining program achievements; and (3) an
inventory, including AmeriCorps member tracking or any associated per diem reimbursements
with grant monies. If termination is due to failure of the Sub-grantee to comply with this
agreement, the AOC may require return of per diem and supplies purchases with grant funds.
6. Limitation on Expenditures
It is expressly agreed upon by the AOC and the Sub-grantee that funds distributed pursuant to this
Agreement are to be expended to provide direct services in accordance with the approved grant
program and plan as interpreted by the programs manager, the requisite grant budget and Funding
Agreement. It is further expressly agreed upon by the AOC and the Sub-grantee that funds
distributed pursuant to this Agreement are not to be expended for any indirect costs that may be
incurred by the Sub-grantee for administering these funds. This includes, but is not limited to, cost
for services such as accounting, payroll, data processing, purchasing, personnel, and building use
which may have been incurred by the Sub-grantee to administer these funds.

7. Use, Loss and Disposition of Equipment
Equipment is a restricted category. Express written approval from the AOC and program manager
is required for the purchase of equipment. Equipment must be used as required in the approved
grant budget for at least three (3) years, unless written permission is given by the AOC. After this
time, the equipment may be transferred upon approval of the presiding judge. The Sub-grantee is
responsible for any maintenance, loss or damage to the equipment and the AOC makes no
assurances regarding its repair or replacement. Equipment which is no longer needed or usable
shall be surplused as required by this Agreement. If no such requirements are included in this
Agreement, then local surplus property procedures may be utilized. Prior approval for the
disposition of equipment must be obtained from the AOC before any action is to be taken.
8. Non-Supplanting
The Sub-grantee agrees that grant monies will not be used to supplant state and local funds that
would otherwise have been available to provide direct assistance to probation officers and staff
with their duties.
9. Books and Records
a. Financial Records and Examination.
The Sub-grantee shall maintain and shall require its subcontractors to maintain acceptable
accounting systems, records, and documents to properly reflect all funds expended in the
performance of the approved plan. All books, records, and other documents relevant to this
Agreement shall be retained by the Sub-grantee and its subcontractors for a period of five (5) years
after the final payment has been made, or until after the resolution of any audit questions or contract
disputes, whichever is longer. Sub-grantee, state, or federal auditors, as applicable, and any other
persons duly authorized by the AOC shall have full access to, and the right to examine, audit, copy,
and make use of any and all said materials. All subcontracts shall include a provision
acknowledging the authority of the AOC to conduct such audits or examinations.
b. Program Records and Evaluation.
As a condition of receipt of grant monies, the Sub-grantee agrees to maintain and provide to the
AOC such data and statistics as may be required by the AOC for purposes of evaluation. All
records and documents relevant to this Agreement shall be retained by the Sub-grantee and its
subcontractors for a period of five (5) years. Authorized agents of the AOC shall have full access
to, and the right to examine, copy, and make use of, any and all said materials. The Sub-grantee
further agrees that authorized agents of the AOC shall have the right to conduct on-site visits for
purposes of compliance monitoring and program evaluation. All subcontracts shall include a
provision acknowledging the authority of the AOC to conduct such inspections and evaluations.
10. Performance and Liability
Except as otherwise provided by law, in the performance of this Agreement and the Sub-grantee’s
approved plan, both parties will act in their individual governmental capacities and not as agents,
employees, partners, joint ventures, or associates of each other. The employees, agents, or
subcontractors of one party shall not be deemed or construed to be the employees or agents of the
other party. Each party agrees to be solely responsible for actions of its employees under this
Agreement, and to indemnify and hold the other harmless for the actions of its own employees.

11. Insurance Requirements
If contractors are used to provide services under this Funding Agreement, contractors shall comply
with all insurance requirements as set forth in the AmeriCorps grant and Corporation for National
and Community Service.
ARIZONA SUPREME COURT SUPERIOR COURT IN
Administrative Office of the Courts MARICOPA COUNTY
Mike Digitally DN: cn=Mike signed Baumstark, by Mike Baumstark o=Supreme Janet E. Digitally signed by Janet
Court, ou=Executive Office, E. Barton
Baumstark email=mbaumstark@courts.az.gov, c=US Barton Date: 2017.04.12
By: Date: 2017.03.30 14:29:54 -07'00' By: 11:27:18 -07'00'
Mike Baumstark, Deputy Director Presiding Superior Court Judge
Date: Date: