20-MARICOPA COUNTY EDUCATION SERVICE AGENCY DATA FLORES
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2015-16 AGREEMENT TO HOST
PUBLIC ALLIES AFFILIATE AGREEMENT 2015-16 AMERICORPS MEMBER(S)
(PARTNER ORGANIZATION PAYROLL VERSION)
Arizona Board of Regents for and on behalf of
Arizona State University
And
Maricopa County Education Service Agency - Data
(Sub Org ID 20)
(Ally: Elija Flores)
Agreement Start Date: 9/2/2015
Federal Resource Awarded to Partner Organization: Subject to: CFDA #: 94.006
This Award consists of this Agreement, Appendices A-I and Exhibit A.
This Affiliate agreement (“Agreement”) is made and entered into as of the
2nd of September, 2015, by and between the following entities (sometimes referred to as
“Party” or “Parties”): Arizona Board of Regents for and on behalf of Arizona State
University and its Lodestar Center for Philanthropy and Nonprofit Innovation
(“Public Allies Arizona”), a university contracted by Public Allies, Inc. to operate the
Public Allies Arizona site, and incorporated under the laws of Arizona with its principal
place of business at; 411 N Central Ave., Suite 500 Phoenix, AZ 85004 and Maricopa
County Education Service Agency - Data (“Partner Organization”), a not for profit
corporation, with its principal place of business at 4041 N Central Ave Suite 1200,
Phoenix, AZ 85012.
The terms of this agreement apply in relation to any and all Public Allies Members
placed at Maricopa County Education Service Agency - Data, beginning on the date
above and terminating subject to Section V(A).
Public Allies Partner Organization Agreement 2015-2016 1
WITNESSETH
WHEREAS, Public Allies, Inc. has established the Public Allies
Apprenticeship Program (“Program”), an AmeriCorps program funded by the
Corporation for National and Community Service (CNCS) and subject to the provisions
and regulations of AmeriCorps (see Exhibit A), the purpose of which is to recruit and
select young people (collectively, the “Allies”; individually, an “Ally”) for training and
placement in public interest groups, community-based organizations, government
agencies and other organizations working for community impact; and
WHEREAS, the Ally is a resource being provided to the Partner
Organization in fulfillment of an AmeriCorps grant; and
WHEREAS, the Ally is an AmeriCorps volunteer and shall not be
considered to be an employee of the “Partner Organization” receiving assistance under
the national service laws (42 U.S.C. 12511(30) (B)) through which the Ally is engaged in
service; and
WHEREAS, Partner Organization has indicated that it:
(a) is a 501(c) 3, 501(c) 4, or government agency having service in the
public interest as its mission;
(b) is committed to diversity, staff development, and effective
management;
(c) has a clearly defined and compensated AmeriCorps service
position (“Position”) suitable for a prospective Ally, expected to
have an approximate duration of ten months from (September 2,
2015 through June 30, 2016) following commencement of service
(such months constituting the “Term”);
(d) will provide a close formal relationship pursuant to which Public
Allies Site will furnish to Partner Organization, and Partner
Organization will accept, one or more qualified Allies for full-time
AmeriCorps placement by Partner Organization in a Position;
(e) has read and understands Partner Organization section of the
Public Allies Policies and Procedures for Direct Supervisors of
Public Allies AmeriCorps Members (Appendix F); and
Public Allies Partner Organization Agreement 2015-2016 2
(f) understands its obligation under the Corporation for National and
Community Service Grant to Public Allies Site (Appendix G);
NOW, THEREFORE, in consideration of the foregoing and of the recitals,
representations and warranties set forth below and upon the terms and conditions
contained in this Agreement, the Parties agree as follows:
I. Duties and Responsibilities of the Parties.
A. Duties and Responsibilities of Public Allies Site.
Public Allies Site shall:
i. Use its best efforts to recruit and select Allies for the
Program,
and to provide information regarding certain Allies to Partner Organization in sufficient
detail to permit it to evaluate their suitability for the Position;
ii. Work with Partner Organization on training an Ally applicable
to the Position, and use its best efforts to train Ally both during the initial 8 -day core
training phase and during 2-3 full days (all of which will be a regular business day) of
every month of the Term of the selected areas; and
iii. Pay the following to the Partner Organization: (a) a
contribution of $1,500 per Ally to be used by Partner Organization as part of Ally’s
stipend pursuant to Section I(B)(i) and Section II(A);
iv. Make available to the Ally health insurance that meets or
exceeds the standards for Minimum Essential Coverage as defined by the Patient
Protection and Affordable Care Act or provides information on health insurance options
should the Ally decline the health insurance plan offered by the Site.
B. Duties and Responsibilities of Partner Organization.
Partner Organization shall:
i. Pay each Ally a stipend of exactly $1,350 gross per month
during the Term of the Program in the form of monthly, semimonthly or bi-weekly payroll
checks paid directly to the Ally. This is a monthly living allowance; it is not an hourly
wage and should not be disbursed as an hourly wage. The regularly paid stipend
amount should remain constant and be paid throughout the entire term, resulting in a
Public Allies Partner Organization Agreement 2015-2016 3
gross total stipend of $13,500, unless an extension of the agreed upon Member term
becomes
necessary, at which point this agreement will be amended per Section V(L). See
Appendix A for a recommended payroll schedule.
Submit copies of the Ally’s paystub or the payroll register
documenting the Ally’s pay to Public Allies site on a monthly basis.
Cover the Ally with either worker’s compensation insurance or
liability insurance coverage (including accidental death and dismemberment coverage),
and FICA taxes on the stipend as applicable under Federal law. Unemployment
insurance must be paid if required by state law. This stipend payment shall include
Public Allies Site’s contribution as outlined in Section I(A)(iii).
ii. Accept from Public Allies Site information regarding potential
Allies, evaluate their suitability for the Position in good faith and, after evaluating a
reasonable number of Allies, use its best efforts to select an Ally for the Position for the
Term;
iii. For so long as Ally remains with Partner Organization, permit
Ally to attend, with full compensation, off-site training for 2-3 days per month of the
Term as well as other AmeriCorps or other Public Allies Site required events, including,
but not limited core, mid-year and year-end retreats as outlined on the Public Allies
Arizona Program Calendar, attached as Appendix C
iv. Provide Public Allies site with a clear, AmeriCorps compliant
position description that describes capacity building activities as requested;
v. Use the agreed upon position description in providing initial
orientation to the Ally during his/her first week at the partner organization;
vi. Provide the Ally with a Supervisor or functional equivalent
(“Supervisor’) that will provide ongoing guidance and coaching for Ally in fulfilling duties
of the Position and use its best efforts, with the aid of Public Allies Arizona, to give
necessary skills training applicable to the Position;
vii. Ensure that Supervisor attends all required supervisor
meetings (including Partner Organization Orientation) and completes all required Public
Allies Site paperwork in a timely manner; and
Public Allies Partner Organization Agreement 2015-2016 4
viii. In light of the partnership’s aim to develop the Ally’s
leadership
potential, use its best efforts to retain Ally for the Term, even in the event of disputes, in
which case, Partner Organization shall seek the assistance of Public Allies Arizona as
described in Section III(N).
ix. Prior to start of the program, conduct Ally Criminal History
Check as outlined in the Instructions for Conducting Criminal History Checks,
attached as Appendix D; and
x. Submit invoices to Public Allies Arizona on a monthly basis
using the Partner Organization Reimbursement Request (Invoice), attached
Appendix E. Invoice shall include Sub Org Identification (ID), which appears in the title
of this Agreement.
II. Payment Schedule.
A. Public Allies Arizona will contribute the sum of $150 for each
month of the Term that the Ally remains with the Partner Organization after completion
of the monthly Partner Organization Reimbursement Request summarizing payroll
amounts issued to the Ally. Reimbursements for partial months will be pro-rated. This
will constitute payment of Public Allies Site’s portion of Ally’s stipend, as set forth in
Section I(A)(iii).
B. All funds paid to Partner Organization under the terms of this
Agreement shall be used solely for the purposes outlined in Section I(B)(i).
III. Additional Agreements of the Parties.
A. (Purposely left blank)
B. Non-Exclusive Agreement. Public Allies Arizona and Partner
Organization understand that this Agreement is non-exclusive, and that each of them
may enter into a similar arrangement with other organizations.
C. Entire Amount Payable Under Agreement. Other than any amount
Public Allies Partner Organization Agreement 2015-2016 5
payable by Public Allies Site to Partner Organization pursuant to Section I(A)(iii),
Sections I(B)(i), and Section II, neither shall be entitled to payment from the other under
this Agreement.
D. Incorporation. The Partner Organization agrees to abide by the
terms of the Public Allies Policies and Procedures for Direct Supervisors of Public Allies
AmeriCorps Members, as amended from time to time, which are incorporated by
reference into this Agreement. The Partner Organization also agrees to be bound by
the terms of the Corporation for National and Community Service Grant to Public Allies
Site, as applicable to the Partner Organization.
E. Monitoring Visits, Requests for Additional information, and the
Maintenance of Records. In addition to any evaluation reports taken by Public Allies
Site or Public Allies, Inc. during the course of the Program, Public Allies Site or Public
Allies, Inc. or the Corporation for National and Community Service may elect, during
regular business hours, to make announced or unannounced visits to the site of the
Program or to any location where records pertaining to the Program may be found.
Partner Organization shall comply with any reasonable request made by Public Allies
Site or Public Allies, Inc. for additional information, clarification or documentation on the
Program, whether in connection with any evaluation or reports, monitoring visits, or
otherwise. Partner Organization shall at all times maintain appropriate records
pertaining to the Program at a location that will afford Public Allies Site or Public Allies,
Inc. reasonable access thereto during a monitoring visit. For compliance with
AmeriCorps regulations, Partner Organization should maintain all supporting financial
paperwork, including payroll registers, on file for a period of seven years.
F. Evaluation. Partner Organization shall participate as necessary
with relevant Public Allies Site or Public Allies, Inc. evaluation efforts. This includes, but
is not limited to, defining and gathering specific data, including reporting procedures,
quality control, analysis and interpretation, and other elements necessary and
appropriate for the evaluation of the Program. Partner Organization will evaluate each
Ally’s individual performance at the end of each term as part of a complete program
evaluation.
G. Fiscal Recording/Reporting Requirements. The financial
management systems employed with respect to the Program shall be structured to
provide for accurate, current and complete disclosure of relevant financial information.
Furthermore, Partner Organization shall keep such additional records as Public Allies.
Site or Public Allies, Inc. may require, to permit the tracing of funds to ensure that they
have not been spent contrary to this Agreement or unlawfully. Partner Organization will
Public Allies Partner Organization Agreement 2015-2016 6
provide Public Allies Site or Public Allies, Inc., upon its request, with time logs or other
relevant data, regarding the performance of the Ally or Allies placed with Partner
Organization, to gather information on the achievement of AmeriCorps performance
measures. In addition, Partner Organization will promptly notify Public Allies Site if a
placed Ally exhibits erratic attendance, is injured, alleges harassment or otherwise stops
or quits reporting to work.
H. Worker’s Compensation, Liability Insurance and Unemployment
Insurance. When required by state law, Partner Organization shall provide worker’s
compensation insurance and pay unemployment insurance and Social Security taxes to
the full extent required by law and accepts full responsibility for the payment of
premiums for worker’s compensation insurance, and unemployment insurance and
Social Security taxes, as well as all income taxes required by law, for any and all Allies
who are performing services for Partner Organization, in connection with the Program
as long as the Ally is on the Partner Organizations payroll. In addition, in those states
where the Partner Organization is not required to provide worker’s compensation
insurance coverage for an Ally, the Partner Organization will ensure that the Ally is
covered under its general liability insurance coverage, which includes accidental death
and dismemberment coverage. Notwithstanding the foregoing, Partner Organization
agrees to maintain worker’s compensation and general liability insurance in the amount
of at least one million dollars ($1,000,000.00) person per instance that covers all acts by
Partner Organization. A program of self-insurance at levels comparable to the foregoing
shall satisfy the requirements of this paragraph. Upon request, Partner Organization
shall provide evidence of such insurance.
I. Nondiscrimination. In carrying out its part of the Program, Partner
Organization shall not discriminate against any Ally or Program applicant on the basis of
race, color, religion, sex, sexual orientation, national origin, disability, age, political
affiliation or any other characteristic protected by local, State or Federal law. The
AmeriCorps member is a resource provided by a federal grant under the auspices of the
National and Community Service Act of 1990, and thus shall constitute Federal financial
assistance for purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), and shall constitute Federal financial assistance to an
education program or activity for purposes of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.). Partner Organization shall post in conspicuous places, available
to Allies and applicants, notices setting forth the provisions of this nondiscrimination
clause. Partner Organization shall state that all qualified applicants will receive
consideration for Ally Positions without regard to race, color, religion, sex, sexual
Public Allies Partner Organization Agreement 2015-2016 7
orientation, national origin, disability or any other characteristic protected by local, State
or Federal law.
J. Reasonable Accommodations and Accessibility. Partner
Organization will provide reasonable accommodation to the known mental or physical
disabilities of any otherwise qualified Ally and will operate in compliance with the
Americans with Disabilities Act and its implementing regulations.
K. Non-displacement and Non-duplication. Partner Organization shall
not displace any volunteer, employee or position, including partial displacement such as
through a reduction in hours, wages or employment benefits, as a result of the
assistance available to the Partner Organization through any Ally. No activity that
enables Ally to perform meaningful and constructive service in agencies, institutions and
situations where the application of human talent and dedication may help to meet
human, educational, linguistic, public safety and environmental community needs shall
infringe in any manner on the promotional opportunity of an employed individual or a
volunteer. No Ally shall perform a service or duties, or engage in activities, that would
otherwise be performed by an employee as part of the assigned duties of such
employee or by a volunteer. Any Program activities shall not involve the performance of
services that would supplant the hiring of employed workers or volunteers or would
otherwise be performed by an employee or volunteer, including an employed worker
who recently resigned or was discharged, an employee who is subject to a reduction in
force, an employee who is on leave (terminal, temporary, vacation, emergency or sick),
or an employee who is on strike or is being locked out.
Partner Organization shall not use the Ally to duplicate an activity that is already
available in its locality. And, unless the requirement above are met, the Partner shall not
sue the Ally to conduct activities that are the same or substantially equivalent to
activities provided by a State or local government agency in which the Partner
Organization resides.
Partner Organization shall complete Appendix H, Statement of Union Consent and
submit to Public Allies site.
L. Suspension. If Public Allies Site believes that Partner Organization
has failed to comply with any material term, condition, representation or warranty of this
Agreement or with applicable administrative rules or regulations, Public Allies Site may,
upon written notice to the Partner Organization, delay further payments or prohibit such
Partner Organization from incurring additional obligations of the Program pending
Public Allies Partner Organization Agreement 2015-2016 8
corrective action by the Partner Organization or Public Allies Site may decide to
terminate this Agreement in accordance with the relevant provisions herein. A
suspension of payments under this Agreement may also occur as a remedy of
grievances under Section III(N).
M. Grievance Procedure. Public Allies has a grievance procedures
outlined in its policies to resolve disputes concerning the program. Aggrieved parties
may file a grievance in accordance with the procedures outlined in the Policies and
Procedures for Direct Supervisors of Public Allies AmeriCorps Members.
N. Termination. Subject to Section V(A), this Agreement shall
terminate
upon the expiration of the Term following the commencement of service with Partner
Organization of Ally/Allies, and may be terminated:
i. By either Party upon 60 days’ written notice if, at any time
such notice is provided, no Ally is placed with the Partner Organization.
ii. By either party upon 60 days written notice, due to changes
in
the Partner Organization’s mission.
iii. By either party upon 60 days written notice, due to loss of
funds necessary to fund in full or in part, the terms of this agreement.
iv. At any time by Public Allies site if it reasonably determines
that Partner Organization has been involved in any illegal, improper or similar act which
may adversely affect Public Allies Site or the Program;
v. By either Party at any time upon material breach of this
Agreement by the other Party.
vi. Within 30 days as a remedy for grievance as provided in
Section III(N);
vii. Upon Public Allies Site’s release of the Ally from the
Program;
and
viii. By Partner Organization upon 30 days written notice, if
Public Allies Partner Organization Agreement 2015-2016 9
despite agreed upon efforts, it is not satisfied with the performance of Ally/Allies.
Rights and obligations created by or arising under this Agreement shall terminate
automatically upon termination of this Agreement, except as otherwise expressly
provided.
O. Independent Contractor: Partner Organization is an independent
contractor, not a partner or joint venturer, and shall not act as an agent for Public Allies
Arizona; nor shall Partner Organization be deemed to be an employee of Public Allies
Arizona for any purposes whatsoever. Partner Organization shall not have any
authority,
either express or implied, to enter any agreement, incur any obligations on Public Allies
Arizona’s behalf, or commit Public Allies Arizona in any manner whatsoever without
Public Allies Arizona’s prior written consent.
P. Compliance with State of Arizona Provisions. The Parties agree to
comply with the State of Arizona Provisions, attached as Appendix I.
Q. DUNS and SAM Registration. Partner Organization agrees to
maintain current Dun and Bradstreet Data Universal Numbering System (DUNS)
number and current registration in the federal System for Award Management (SAM)
database.
IV. Certifications, Representations, and Warranties.
A. By its execution of this Agreement, Partner Organization certifies
under the penalty of perjury, the following:
i. Partner Organization shall ensure that all Allies serving with
Partner Organization are provided with a drug-free workplace in accordance with the
Drug-Free Workplace Act, 41 U.S.C. Sec. 701 et seq.
ii. Partner Organization shall utilize Ally’s services on a full-time
basis, issuing monthly or semi-monthly, or bi-weekly payroll checks.
iii. Partner Organization is financially capable of retaining an
Ally
for the Term and Partner Organization’s signing of this Agreement shall serve as
Partner Organization’s valid, written and binding obligation to contribute $12,000 gross
Public Allies Partner Organization Agreement 2015-2016 10
income towards the Ally’s term stipend and related costs, as described in Section I(B)(i).
Some of those costs will be reimbursed by Public Allies Site as outlined in Section
I(A)(iii).
B. Public Allies Site or Public Allies, Inc. will not be responsible for any
act or omission of any Ally while such Ally is under the control of Partner Organization,
or of any agent, officer, employee or other person acting for or on behalf of Ally or
Partner Organization. Public Allies Site makes no representation or warranty as to:
i. the fitness of any Ally for a Position;
ii. the suitability of the Program or any Position for Ally;
iii. the effectiveness of Core Training or Training;
iv. the content of any Evaluation or Assessment; or
v. the ability of Public Allies Arizona to mediate disputes.
C. Each of the Parties represents and warrants that it has all
necessary
power and authority to enter into this Agreement, that its execution thereof has been
duly and validly authorized by all necessary corporate or other action on its part, that it
has obtained all required governmental and other third party consents necessary for it to
enter into this Agreement, and that this Agreement constitutes a valid and binding
obligation on its part, enforceable against it in accordance with the terms hereof.
V. Miscellaneous Provisions.
A. Term of Agreement. This Agreement shall remain in effect until all
of its terms and conditions have been satisfied, including compliance with any requests
for additional information clarification or documentation under the provisions hereof.
B. Exhibits/Entire Agreement. This Agreement contains the entire
understanding between the Parties hereto, supersedes any prior written or oral
agreement or writing signed by the Parties hereto or by operation of law; provided,
however, that Public Allies may from time to time modify the provisions of the Policies
and Procedures for Direct Supervisors of Public Allies AmeriCorps Members. Any
modifications shall be considered to be incorporated into, and be part of, this
Public Allies Partner Organization Agreement 2015-2016 11
Agreement, as fully as if set forth herein and the Agreement shall continue in full force
and effect. The Appendices listed below are incorporated herein by reference and made
part of this Agreement:
Appendix A: Payroll Instructions and Schedules
Appendix B: Rules on Paying AmeriCorps Members
Appendix C: Public Allies Arizona Program Calendar
Appendix D: Instructions for Conducting Criminal History
Checks
Appendix E: Partner Organization Reimbursement Request
(Invoice)
Appendix F: Policies and Procedures for Direct Supervisors of
Public Allies AmeriCorps Members
Appendix G: Grant Award
Appendix H: Statement of Non-displacement and Union
Consent
Appendix I: University and State Required Provisions
Furthermore, this Agreement contains the entire understanding between the Parties
hereto, supersedes any prior written or oral agreement or writing signed by the Parties
hereto or by operation of law; provided, however, that Public Allies may from time to
time modify the provisions of the Policies and Procedures for Direct Supervisors of
Public Allies AmeriCorps Members. Any modifications shall be considered to be
incorporated into, and be part of, this Agreement, as fully as if set forth herein and the
Agreement shall continue in full force and effect.
C. Waiver. No term or condition of any term, condition, representation
or warranty of this Agreement shall be deemed to have been waived, nor shall there be
any estoppel against the enforcement of any provision of this Agreement, except by
written instrument of the Party charged with such waiver or estoppel. No such written
waiver shall be deemed a continuing waiver unless specifically stated therein, and each
Public Allies Partner Organization Agreement 2015-2016 12
such waiver shall operate only as to the specific term, condition, representation or
warranty waived and shall not constitute a waiver of such for the future or as to any
other that is not specifically waived.
D. Severability. If, for any reason, any provision of this Agreement or
its application to any Party, entity (entities) or circumstance(s) is held invalid by any
court of competent jurisdiction, this invalidity shall not affect any other provision or
application which can be given effect without the invalid provision or application.
E. Captions. Any captions of articles, sections, subsections,
paragraphs or subparagraphs of this Agreement are solely for the convenience of the
Parties and are not a part of this Agreement or to be used for the interpretation of this
Agreement or any provision thereof.
F. Notices. Any notice required to be given under this Agreement will
be deemed to have been duly given if in writing and delivered by hand delivery,
facsimile or certified mail, return receipt requested, in each case effective upon receipt,
to the address of the Party set forth after their respective signatures below (or such
other address as a Party may designate by written notice under this paragraph).
G. Counterparts. This Agreement may be executed in multiple
counterparts, including photocopied or telecopied versions thereof, each of which shall
be deemed an original, and all of which constitute the same instrument.
H. No Third Party Beneficiary Rights. Nothing in this Agreement shall
create any third party beneficiary in any person or entity not a Party hereof.
I. Non-Assignability. Neither this Agreement nor any right or interest
hereunder shall be assignable by any Party without the prior written consent of the other
Parties.
J. Gender and Number. All pronouns shall be deemed to refer to the
masculine, feminine, neuter, singular or plural as the identity of the entity, person or
persons referred to may require.
K. Applicable Law. This Agreement shall be constructed, interpreted
and enforced in accordance with the laws of the State of Arizona.
L. Amendments to this Agreement. This agreement may be changed
or
Public Allies Partner Organization Agreement 2015-2016 13
revised by written consent by both parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the date of year first written above. By signing, all parties agree to uphold all of the
terms herein.
Arizona Board of Regends Maricopa County Education Service
for and on behalf of Agency - Data
Arizona State University
__________________________ By: _______________________
Heather Clark, Assistant Director As its: Member Supervisor
Research Administration, ORSPA
Arizona State University By: _______________________
PO Box 876011 As its: Executive Director
Tempe, AZ 85287-6011
subawards@asu.edu By: _______________________
As its: Controller/C.F.O.
Maricopa County Education Service
Agency - Data
4041 N Central Ave Suite 1200
Phoenix, AZ 85012
Public Allies Partner Organization Agreement 2015-2016 14
Exhibit A
LINKS TO AMERICORPS REGULATIONS AND PROVISIONS
AmeriCorps Regulations:
http://www.nationalservice.gov/sites/default/files/page/AmeriCorps_Regulations_9_11_1
3.pdf
AmeriCorps Provisions:
http://www.nationalservice.gov/sites/default/files/upload/AmeriCorps%20TermsConditio
ns%204%200215.pdf
Public Allies Partner Organization Agreement 2015-2016 15
Appendix A: Payroll Instructions and Schedules
Payroll Instructions
FIRST YEAR ALLIES
The First Year Ally must be on your payroll from the period beginning on September 2,
2015 and ending on June 30, 2016.
The Ally’s GROSS stipend must be paid in equal increments across the term of their service
and according to your payroll schedule. This ensures that every Ally – regardless of
schedule – receives a total of $13,500 for their service.
In order to come in at exactly $13,500 – organizations on a bi-weekly payroll schedule will
have to adjust the first and second check slightly.
Their stipend is not based on an hourly wage and is therefore not tied to their reporting of
time.
Please also note that you are responsible for withholding the appropriate State, Federal and
FICA taxes, and for covering the Ally with Worker’s Compensation or liability insurance
coverage (including accidental death and dismemberment coverage).
Allies are AmeriCorps members and are not eligible for your agency’s health insurance or
other benefits (i.e., retirement) and should not have deductions for such benefits withheld
from their stipend check.
Allies are not eligible for Unemployment Benefits so you are not responsible for paying
Unemployment Insurance.
Allies may not receive cash bonuses or financial compensation in excess of the $13,500
stipend.
SECOND YEAR ALLIES
Public Allies Partner Organization Agreement 2015-2016 16
The Second Year Ally must be on your payroll from the period beginning September 2,
2015 and ending on June 30, 2016.
The Ally’s GROSS stipend must be paid in equal increments across the term of their service
and according to your payroll schedule. This ensures that every Ally – regardless of
schedule – receives a total of $16,500 for their service.
In order to come in at exactly $16,500 – organizations on a bi-weekly payroll schedule will
have to adjust the first and second check slightly per the schedule below.
Their stipend is not based on an hourly wage and is therefore not tied to their reporting of
time.
Please also note that you are responsible for withholding the appropriate State, Federal and
FICA taxes, and for covering the Ally with Worker’s Compensation or liability insurance
coverage (including accidental death and dismemberment coverage).
Allies are AmeriCorps members and are not eligible for your agency’s health insurance or
other benefits (i.e., retirement) and should not have deductions for such benefits withheld
from their stipend check.
Allies are not eligible for Unemployment Benefits so you are not responsible for paying
Unemployment Insurance.
Allies may not receive cash bonuses or financial compensation in excess of the $16,500
stipend.
PAYROLL SCHEDULE TEMPLATE
Members’ GROSS living allowance must be paid in equal increments across the entire term
of their service and according to your payroll schedule. This ensures that every Member,
regardless of schedule, receives the correct total living allowance for their service.
In order to come to the correct total living allowance organizations on a bi-weekly payroll
schedule may have to adjust the last check slightly as in the sample schedule below.
Member living allowances are not based on an hourly wage and are therefore not tied to
their reporting of time.
The entity issuing the living allowance is responsible for withholding the appropriate State,
Federal and FICA taxes, and for covering the Ally with Worker’s Compensation or liability
insurance coverage.
Our AmeriCorps Members are not eligible for your agency’s other benefits (i.e., retirement)
and should not have deductions for such benefits withheld from their living allowance check.
Members may not receive cash bonuses or financial compensation in excess of the
approved living allowance.
Sample Living Allowance Distribution
Member start date: September 2, 2015 Member end date: June 30, 2016
Total Living Allowance = $13,500
Twice a Month (Semi) Bi-Weekly – Option 1 Bi-Weekly – Option 2
Public Allies Partner Organization Agreement 2015-2016 17
20 Checks 22 Checks 22 Checks
Gross = $675 Gross = $613* Gross = $613*
($627 first) ($627 first)
Pay period ends on… Pay period ends on… Pay period ends on…
(Friday) (Friday) (Friday)
1 15-Sep 10-Sep 17-Sep
2 30-Sep 24-Sep 1-Oct
3 15-Oct 8-Oct 15-Oct
4 31-Oct 22-Oct 29-Oct
5 15-Nov 5-Nov 12-Nov
6 30-Nov 19-Nov 26-Nov
7 15-Dec 3-Dec 10-Dec
8 31-Dec 17-Dec 24-Dec
9 15-Jan 31-Dec 7-Jan
10 31-Jan 14-Jan 21-Jan
11 15-Feb 28-Jan 4-Feb
12 Feb-29 11-Feb 18-Feb
13 15-Mar 25-Feb 4-Mar
14 31-Mar 11-Mar 18-Mar
15 15-Apr 25-Mar 1-Apr
16 30-Apr 8-Apr 15-Apr
17 15-May 22-Apr 29-Apr
18 31-May 6-May 13-May
19 15-Jun 20-May 27-May
20 30-Jun 3-Jun 10-Jun
21 17-Jun 24-Jun
22 1-Jul 8-Jul
Weekly Payroll Weekly Payroll
Public Allies Partner Organization Agreement 2015-2016 18
43 Checks
Gross = $314
($312 first)
Pay period ends on… Pay period ends on…
(Friday) (Friday)
1 10-Sep 23 11-Feb
2 17-Sep 24 18-Feb
3 24-Sep 25 25-Feb
4 1-Oct 26 4-Mar
5 8-Oct 27 11-Mar
6 15-Oct 28 18-Mar
7 22-Oct 29 25-Mar
8 29-Oct 30 1-Apr
9 5-Nov 31 8-Apr
10 12-Nov 32 15-Apr
11 19-Nov 33 22-Apr
12 26-Nov 34 29-Apr
13 3-Dec 35 6-May
14 10-Dec 36 13-May
15 17-Dec 37 20-May
16 24-Dec 38 27-May
17 31-Dec 39 3-Jun
18 7-Jan 40 10-Jun
19 14-Jan 41 17-Jun
20 21-Jan 42 24-Jun
21 28-Jan 43 1-Jul
22 4-Feb
Public Allies Partner Organization Agreement 2015-2016 19
Appendix B: Rules on Paying AmeriCorps Members
v. 21 June 2012.c
Part 1: Ensuring Payments
Federally- Allies are part of the Federal AmeriCorps program which dictates Allies are paid a flat monthly
Regulated stipend via a payroll check. It is a violation of Federal regulations to pay Allies hourly, as
Program independent contractors, or in other ways outside of the below guidelines. As noted in Appendix
A of the PO Contract, the Ally should receive the same amount each pay period, similar to a
salaried employee’s payroll.
Public Allies Partner Organization Agreement 2015-2016 20
How to Pay Allies receive a flat monthly stipend during their 10-month apprenticeship. The annual amount
varies by Site and is reflected in the PO contract, but for this example we will assume it is
$15,000 gross. This could be paid out as follows:
Monthly: $1500 per month
Semi-monthly: 2 checks of $750 on each payroll
Weekly or Bi-weekly: Divide the stipend by the number of pay periods in the 10 month
apprenticeship. E. g., if the 10 months includes 44 weeks it would be $340.91 per week
or $681.82 per bi-weekly check.
Note that you may have a small adjustment on the first or last check due to rounding in order to
have the total payments equal $15,000 exactly.
Payroll Covers Ally compensation covers all periods the Ally is enrolled in the program, including work at the PO
Entire Service office, trainings, retreats, orientations, team service projects, and other Public Allies events. E.
g., an Ally may be at trainings for the first few days of the 10-month period and report for work at
the PO after the training. Payments begin when the Ally starts the training.
Payroll The stipend amount is not changed or affected by holidays, overtime, or use of personal, sick,
Deductions and vacation days. Allies are not eligible for additional compensation (e. g., bonuses, overtime,
merit increases, etc.) or other agency benefits (e. g., retirement, life insurance, subsidized
housing). The stipend is subject to State and Federal income taxes, FICA, and workers
compensation. Per the Federal regulations, the stipend is exempt from Federal Unemployment
(FUTA).
While most states exempt the stipend from State Unemployment (SUTA), you have to consult
your local state for this ruling. If your state does exempt AmeriCorps Members, follow two steps:
Record the Allies as SUTA-exempt in your payroll system so no taxes are paid out.
Dispute any unemployment claims you may receive after the apprenticeship.
Required Set-up Allies must complete W4s and I9s in order to be enrolled in payroll. The Partner must keep
Documents these documents on file to be accessible for audits.
Total Stipend If the Ally serves the full contractual term (most often ten months), the Ally receives the full
Payout stipend. If the Ally leaves the program early or receives a suspension without a contract
extension, the Ally only receives the stipend for the months worked. For example, an Ally who is
suspended for two weeks during the program year, but does not opt for a two week extension at
the end of the program year, will receive two weeks’ less stipend than the contracted amount.
Public Allies Partner Organization Agreement 2015-2016 21
Partner Capacity Prior to POs signing contracts, POs must verify they have the capacity to issue payroll checks
for Payments for the full 10-month period. The Local Site is responsible for monitoring this to ensure Allies are
not over- or underpaid. A best practice for part of this verification is for POs to provide a
schedule of Ally payments that lists all payroll dates and the amounts to be paid on those dates.
Verifying If a PO pays the Allies, the PO follows the PO invoice process as provided by the Local Public
Payments Allies Site. This process includes:
The PO pays the full Ally stipend each month and submits for partial reimbursement at
the end of each month.
The PO submits monthly invoices to the Local Public Allies Site and attaches copies of
the Ally’s payroll registers or paystubs.
The Local Public Allies Site records and logs the stipends and PO payments to ensure
the payments are being made properly.
If the PO does not pay the Ally directly, the PO is invoiced for the PO share of the costs. This
alternative method is subject to approval by the Local Public Allies Site.
Part 2: Adjusting Payments
Key Concepts
1. Per Public Allies rules, for an Ally to serve and accrue hours towards graduation, s/he must be receiving pay.
2. An Ally cannot be paid during a suspension.
3. Suspension of Ally work and pay requires Local Public Allies Site staff approval.
4. Failure to make a required pay adjustment to ensure an Ally is receiving pay when in service will result in the Ally finishing service
at the PO when the total stipend is paid out, not upon completion of hours.
An Ally who does not complete the required 1700 hours of service will not receive an Education Award.
5. Ally service time cannot exceed 12 months of total service time.
6. An example of a PO being involved in a suspension process is if the PO were to report unapproved work absences to the Local
Public Allies Site and the PO and Local Public Allies Site staff determine a suspension is required.
Garnishing AmeriCorps Member Stipends/Living Allowances
The federal portion of an AmeriCorps Member's living allowance or stipend is exempt from being garnished due to issues of
sovereign immunity.
Public Allies Partner Organization Agreement 2015-2016 22
o For Public Allies, this typically is the balance of the stipend after the amount the Partner Organization is responsible to pay has
been subtracted.
o The non-federal portion of a Member's living allowance may be subject to garnishment, if there is no state law barring this from
taking place.
o This is typically the portion of the stipend covered by the Partner Organization.
Since the overwhelming majority of a Member's stipend is considered match to our federal grant, and because most states do not
have specific laws related to the governance of AmeriCorps or other national service programs, it is highly likely that the non-CNCS
subsidized portion of the stipend can be subject to garnishment.
o For example, in a scenario where $10,000 of the Member’s $15,000 stipend is paid by the Partner Organization and $5,000 is
drawn from the AmeriCorps grant, the $10,000 portion of the stipend may be subject to garnishment.
Should your site or a Partner Organization receive a request to garnish an Ally’s stipend, you should contact the local state
commission to verify that there are no state statutes that may affect garnishment of the non-federal portion of the stipend.
o If it is determined that the garnishment of the non-federal portion of the stipend is allowable, the payroll department should
calculate the garnishment using the calculation forms that accompany the Citation to Discover Assets.
o The department must remember that they are to use only the match portion as a basis for the garnishment and not the full
stipend – so if an ally's stipend is 20% funded by CNCS, the payroll department should calculate the garnishment based on the
80% match only.
Event that could Why would this What is the Ally paid?
affect the stipend happen?
Ally starts or ends mid- An Ally may begin in the program Pro-rate the stipend because the Ally starts or finishes mid-month.
month later than other Allies.
E. g., if an Ally started on September 15th and ends on July 15th, the
Ally would be paid 50% of the monthly stipend in September, 100% of
the monthly stipend from October to June, and 50% of the monthly
stipend in July.
These payments should then equal the full contracted stipend
amount.
Ally leaves the program Ally leaves the Public Allies End the Ally’s stipend payments when s/he exits the program.
early program before the contracted end
date.
Any suspension Ally service has halted due to an Halt pay to the Ally.
approved punitive or circumstantial
reason E. g., if the Ally worked 3 weeks in November and was suspended
during week 4, the PO issues a monthly stipend of 75% the normal
pay that month.
Public Allies Partner Organization Agreement 2015-2016 23
Event that could Why would this What is the Ally paid?
affect the stipend happen?
Reinstatement without Ally was suspended but didn’t need Pay Ally for time in service.
contract extension additional time to complete
program requirements. If an Ally is reinstated after a suspension but does not receive a
contract extension, suspended pay is not reincorporated into the Ally’s
payroll.
E. g., if the Ally was serving from September 1 to June 30th and was
suspended from May 1 to May 31st, the Ally would only receive
payment for 9 months.
Reinstatement with contract Ally receives an extension of the Pay Ally for time in service.
extension term of service to make up part or
all of the suspension period. If an Ally is reinstated after a suspension and is given a contract
extension, the Ally receives part or all of the suspended pay, the
amount dependent on the length of the extension.
Extension without Ally is behind on hours and needs Pay Ally fewer dollars per pay check to stretch the pay out so the total
suspension extra time to successfully complete amount paid out equals the contract amount.
the program.
This is because Allies must be paid if they are in service.
E. g., if an Ally was owed a final payment of $1500 for June to
complete the apprenticeship but has received a formal extension
through July 31 because s/he has not completed enough hours, the
PO would issue $750 to the Ally in June and $750 in July.
Appendix C: Public Allies Arizona Program Calendar
Public Allies Arizona Program Calendar 2015-2016
**Note: Some Dates Subject to Change with Notice**
SEPTEMBER
2nd, 3rd, 4th: CORE Training
7th: No Programming (Labor Day)
8th, 9th, 10th: CORE Retreat
11th: Swearing In Day/ 10th Year Celebration
14th: 1st Day at Placement!
25th: Community Space Day
Public Allies Partner Organization Agreement 2015-2016 24
OCTOBER
First Round of 3-Way Meetings
9th: Community Space Day
15th: Lodestar Conference on Nonprofit Sustainability Strategies
23th: Community Space Day Conference
24th: Service Day: Make A Difference Day
NOVEMBER
5th & 6th: Volunteer Summit
20st: Community Space Day, Ally & Alumni Harvest
DECEMBER
4th: Community Space Day
18th: Community Space Day, Holiday Potluck
JANUARY
8th: Community Space Day
18th: Service Day: MLK Service Day (Monday)
22nd: Community Space Day
29th: Launch 360 Mid-Year Assessments
FEBRUARY
Second Round of 3-Way Meetings
10th, 11th, 12th: Mid-Year Retreat
10th: Deadline: 360 Mid-Year
Assessments
26th:
Community Space Day
MARCH
5th: Cactus Cup: Alumni and Ally Field Day
11th: Community Space Day
25th: Community Space Day
31st: Service Day: Cesar Chavez Service Day
(Saturday)
APRIL
Public Allies Partner Organization Agreement 2015-2016 25
8th: Community Space Day
16th: Service Day: Global Youth Service Day
(Saturday)
22th: Community Space Day
MAY
2nd: Launch 360 Change Assessments
6th: Community Space Day
11th: Presentations on Impact, Session 1
18th: Presentations on Impact, Session 2
20th: Deadline: 360 Change Assessments
20th: Community Space Day
JUNE
Final Round of 3-Way Meetings
9th & 10th: End of Year Retreat
24th: Graduation Event
30th:
Last day of Program
Appendix D: Instructions for Conducting Criminal History Checks
Prior to the start of the program, scheduled for September 2, 2015, Partner Organizations (PO) must
conduct Statewide Criminal History Check through the Arizona Department of Public Safety (DPS)
Criminal History Repository.
( http://www.azdps.gov/).
STEPS
1. Complete and sign the Memo to File form and return to your program manager.
2. Call a representative of Arizona DPS at 602-223-2327 to gain verification that your organization is
authorized to request the search as a nonprofit organization. Authorized nonprofit organizations
will be sent fingerprint cards to give to Ally
a. If your organization is not an authorized nonprofit organization the representative will
conduct an intake and give details about required steps for becoming and authorized
nonprofit (will send you paperwork)
b. If PO has a license with DES or DHS, they cannot do the $5 DPS search, they must go
through the Fingerprint Clearance Card Unit by calling 602-223-2279. Fingerprint
clearance cards are $65.
Public Allies Partner Organization Agreement 2015-2016 26
3. Ally must be fingerprinted at an authorized location
a. Ally will need to have a valid government issued form of photo
b. City of Phoenix Records Department charges for fingerprinting is $6 (located at 1717 E.
Grant St, Phoenix)
c. Ally will submit receipts to PO for reimbursement. Note that Allies are required to get
TWO fingerprint cards: one for the PO to submit to AZDPS and one for PAAZ to submit to
the FBI.
4. Ally will return one completed fingerprint card to PO for submission to AZDPS, as instructed by
AZDPS. The date of submission to AZDPS will be logged as date of initiation of background
check on Public Allies Criminal History Documentation Form. Return a copy of either the
Inventory Sheet or Fingerprint Clearance Card Application Form (submission paperwork to
AZDPS) to your program manager or publicallies@asu.edu. This date must be prior to the
program starting (September 2, 2015).
5. If the Ally applicant resided in another state at the time of application, the PO will conduct a state
criminal history check from that state as well. PA AZ will assist PO with information about the
state repository and the AmeriCorps-approved procedure for conducting a criminal history check
in that state.
Public Allies Partner Organization Agreement 2015-2016 27
6. PO will receive response of Ally Criminal History Check from AZDPS and will complete the State
Criminal History Check Documentation form and return it to their Program Manager within 48
hours of receipt of results.
a. The procedure must ensure confidentiality of any information relating to the criminal
history check. The actual report from AZDPS may not be shared with Ally. If Ally wishes
to obtain a copy, they will need to follow the procedure for record review through AZDPS
Documented Supervision
Allies can begin service if the DPS Criminal History Checks have been started, however, until the results
are returned the Ally cannot have unsupervised access to vulnerable populations. The Ally must be
physically accompanied at all times by:
An authorized program representative who has previously been cleared for such access by the
service site;
A family member or legal guardian of the vulnerable individual;
An individual authorized by nature of his or her profession to have recurring access to the
vulnerable individual, such as an education or medical professional.
The signed Memo to file documents for file purposes that the Supervisor understands this
regulation and will make appropriate accommodations until the Ally is cleared.
Findings:
If a criminal registry check discloses a prior conviction other than murder, it is the Public allies practice to
give the applicant an opportunity to correct any inaccurate information and make a judgment about
whether to accept the individual.
Applicants found to be convicted of murder are ineligible to serve.
Confidentiality:
Because Criminal History Checks involve sensitive and confidential information, the following people and
only the following people should have access to information relating to the criminal history check: Public
Allies Arizona staff, Operating Partner Human Resources staff, Partner Organization Supervisor and/or
Partner Organization Human Resources staff, and CNCS staff or auditors upon request.
Additional Background Checks conducted by Public Allies Arizona (PAAZ):
NSOPW (National Sex Offender Public Website): PAAZ staff conducts a name-based search of
the sex offender registry to ensure there are no matches. Individuals matched in NSOPR are
ineligible to serve with AmeriCorps.
FBI Fingerprinting: Alternate self-certification form completed August 18, 2015.
Type of Criminal History Conducted by
Check
1. NSOPW (National Sex Offender Public Allies Staff
Public Website)
2. State of AZ and State of Partner Organization
Residence at Application
3. FBI Alternate Self-certification Ally/Public Allies Staff
Public Allies Partner Organization Agreement 2015-2016 28
Memo to file:
I understand until _______________________________________ ‘s (Name of Ally) criminal
history check has been completed and cleared that the Ally must be physically supervised at all
times by:
An authorized program representative who has previously been cleared for such access
by the service site;
A family member or legal guardian of the vulnerable individual;
An individual authorized by nature of his or her profession to have recurring access to
the vulnerable individual, such as an education or medical professional.
Signature of Partner Organization Supervisor/Representative:
Printed Name
Organization
Date____________________________
Public Allies Partner Organization Agreement 2015-2016 29
State Criminal History Check Documentation
Partner organization must initiate the state background criminal history check process
prior to program start date of September 2, 2015. This form MUST be returned to Public
AZ before September 2, 2015 or prior to Ally start date if Ally starts program at a later
date.
This is to verify that a State of Arizona criminal history check has been initiated for
___________________________________________ prior to 9/2/2015
Please circle: Receipt attached Receipt previously submitted
The results show that this individual:
Has been convicted of murder, as defined in section 1111 of title 18, United States
Code, and is therefore ineligible for the program
Has not been convicted of murder as defined in section 1111 of title 18, United States
Code, and is therefore eligible for the program
Was the applicant residing in a state other than Arizona at the time of application, and required
an out-of-state check? Please circle: Yes No
If yes, which state was checked? _________________________________________
The out-of-state results show that the Ally applicant:
Has been convicted of murder, as defined in section 1111 of title 18, United States
Code, and is therefore ineligible for the program
Has not been convicted of murder as defined in section 1111 of title 18, United States
Code, and is therefore eligible for the program
All CNCS approved repositories (see attached list) have been used to run state of
AZ and any out of state background checks
Name of Authorizing Official ____________________________________________________
Organization________________________________________________________________
Signature of Authorizing Official ________________________________________________
Date results were reviewed: ____________________________________________________
Public Allies Partner Organization Agreement 2015-2016 30
Appendix E: Partner Organization Reimbursement Request (Invoice) And Payroll
Documentation Form
Partner Organization (PO) Contact Information:
Date
SubOrg ID (required): ______________________ submitted: _________
Program
Name: ______________________ Year: 2015-2016
Public Allies
City, State, Zip: ______________________ Site: Arizona
Telephone: ______________________
Fax: ______________________
Contact Person: ______________________
By signing, I certify the information below to be
correct.
Signature required*:
Invoice Preparer's Name
Preparer's Title:
Email and Phone:
* In accordance with the cost principles in OMB Circular A-21, I have used suitable means to verify that the invoiced costs are
allocable to this project and are allowable.
This reimbursement request/payroll documentation is for
stipends paid to:
1. Name of Ally:
2. Month(s):
3. Payroll dates*:
* List beginning and end dates for each pay check reported in Item #2. Monthly invoices include all pay periods that
end in that month. Your payrolls may be issued weekly, bi-weekly, semi-monthly or monthly. Refer to the Stipend
Schedule. Note the number of pay periods ending within the month may vary, but the reimbursement amount will
remain constant for the 10-month period.
4. Reimbursement Amount Requested for this period per grant: _________
Public Allies Partner Organization Agreement 2015-2016 31
Your total grant will be divided over the number of months you pay your ally. Refer to the Stipend Schedule. Partial
months will be pro-rated. Please put “ZERO” if you are documenting payroll and not requesting reimbursement.
Attach copies of paystubs OR payroll registers for the above named ally. Documentation of payroll amounts is
required by AmeriCorps Regulations as part of the Federal grants which support the program. Supporting payroll
documents need to include details of the gross wages paid, as well as the amount of Social Security and Medicare
(FICA), Federal Income taxes, State Income taxes, and all other taxes withheld.
Send completed forms with payroll stubs OR payroll registers to:
Email: PublicAlliesInvoices@asu.edu
Phone: 602-496-0500
Fax: 602-496-0952
ATTN: ASU Lodestar- Public Allies Program
US Mail: 411 N Central Ave., Suite 500
Phoenix, AZ 85004-0691
ASU Accounting Use Only:
Gross Stipend: ____________________
Dept Approval: _________________ Date: ____________
ORSPA Approval: _________________ Date: ____________
Account Code: ______________________ Contract _________________
FICA reported on employee's paystub should = 7.65%. FICA paid is: ___________
Public Allies Partner Organization Agreement 2015-2016 32
Public Allies Arizona Invoicing Tips
The following is intended to assist you in completing and submitting your invoices to ensure that you are
reimbursed in a timely manner.
Using the template for the first time - complete the fields as follows:
SubOrg Identification (ID): Assigned by Public Allies Arizona
Contact Information: Complete for your agency
Signature: Person completing this form should sign
Date Submitted: Today's date
Ally Name: Name of person placed at your site
Period Being Billed: Generally, the month and year being billed. If you are behind
in billing, you may invoice for multiple periods at once. If so, note that in this
description, such as "January 2015 to March 2015."
Payroll Check Dates: List the dates of the various payroll checks issued during this month (Pay Period
Ending dates that are within the month).
Amount Invoiced: Complete the amount you are requesting for reimbursement. This should be the agreed
upon amount in the agreement with Public Allies and based on the following schedule and information:
Public Allies Arizona, through the ASU Lodestar Center for Philanthropy and Nonprofit Innovation, will enter
into a contractual agreement with each Partner Organization specifying the terms of this partnership and
establishing financial agreements and mechanisms. Partner Organizations will pay the stipend directly to
the Ally and will be reimbursed for the Public Allies Arizona portion of allowable costs. Partner Organizations
will need to provide appropriate documentation to support their expenses in accordance with applicable
federal regulations and policies established by Arizona State University. At no point should the Ally, as an
AmeriCorps member, be considered as an employee of the organization, Public Allies AZ, Public
Allies Inc. or ASU.
1. Program Fee – Public Allies Arizona will collect a $1000 per First Year Ally or $1500 per Second Year
Ally program fee from each Partner Organization upon confirmation of match and due prior to the start of
the program. This fee will help to offset the cost of Ally Health Insurance and other costs of
administering the Federal Grant program.
2. Living Allowance - Public Allies Arizona will reimburse Partner Organizations for a portion of the Allies
stipend according to the following schedule:
First Year Allies – Stipend of $13,500
Organizations with… Public Allies Arizona Share Partner Organization Share
S – Budgets under $1 Million $5,500 $8,000
M - Budgets of $1-3 Million $2,500 $11,000
L - Budgets $3-7 Million $1,500 $12,000
VL - Budgets over $7 Million $0 $13,500
Second Year Allies – Stipend of $16,500
Organizations with… Public Allies Arizona Share Partner Organization Share
S - Budgets under $1 Million $5,500 $11,000
M - Budgets of $1-3 Million $2,500 $14,000
L - Budgets $3-7 Million $1,500 $15,000
VL - Budgets over $7 Million $0 $16,500
Public Allies Partner Organization Agreement 2015-2016 33
The Ally should be paid on the same schedule as the employees of the Partner Organization (weekly, bi-
weekly, or monthly). Note: the stipend should be computed over ten-months, not one year.
3. Workers’ Compensation - Partner Organizations are responsible for providing Workers’
Compensation coverage for the Ally.
4. Additional Expenses - In addition to the living allowance contribution and Workers’ Compensation, Partner
Organizations must cover the organizations’ share of FICA. As AmeriCorps members, Allies are not
eligible for unemployment benefits therefore no costs will be incurred for unemployment insurance. In
addition, Partner Organizations are required to provide the “tools of work” necessary for the Ally to
accomplish their objectives. These expenses may include items such as desk, phone, computer, supplies
and mileage reimbursement (as appropriate).
5. Health Care Coverage - Partner Organizations are not responsible for providing health care
coverage to their Ally. Public Allies Arizona will pay the monthly premium directly to the health
insurance provider. Allies will be covered through a health care policy sponsored by the Corporation
for National and Community Service.
6. Childcare Reimbursement - Partner Organizations are not responsible for providing childcare for
their Ally. However, as an Ally, individuals have the option (based on eligibility) to participate in a
childcare reimbursement program through the Corporation for National and Community Service.
Public Allies Arizona will coordinate the participation of eligible Allies.
7. Student Loan Forbearance, Interest Payments and Education Awards - Partner Organizations carry no
financial responsibility for the deferment of qualified student loans, payment of accrued interest, or the
Education Award. These benefits are offered through Public Allies Arizona and administered by the
National Service Trust of the Corporation for National and Community Service.
8. Taxes - The Ally’s stipend is subject to appropriate state and federal taxes. Taxes withheld from the
Allies stipend must be according to the organizations’ IRS payment schedule and the Ally’s W-4
elections.
On a monthly basis:
We recommend that you use your first invoice as the template for each subsequent invoice. The only
fields you will need to change each month are:
o Date Submitted
o Period Being Billed
o Payroll Check Dates
Invoices are due by the 15th of each month following the Invoice Period.
You must provide supporting documentation for each invoice which can be in the form of copies of
paystubs or a report from your payroll system. This documentation should include the following for
each paycheck distributed in the period: Ally’s name, dates of the pay period, gross stipend paid, and
relevant withholding (FICA, Federal & State taxes).
To expedite payment – please submit documents to the attention of: Public Allies Arizona at
PublicAlliesInvoices@asu.edu
Public Allies Partner Organization Agreement 2015-2016 34
Generally speaking – you can expect to receive payment four-six weeks following receipt of a correct
invoice with the required back-up documentation.
If you have questions or need to fax documents – please direct your
communication to:
Email: PublicAlliesInvoices@asu.edu
Phone: 602-496-0500
Fax: 602-496-0952
Public Allies Partner Organization Agreement 2015-2016 35
Appendix F: Policies and Procedures for Direct Supervisors of Public Allies
AmeriCorps Members
Policies and Procedures for Direct Supervisors
of Public Allies AmeriCorps Members, 2015 - 2016
This set of policies and procedures accompanies the “Agreement” (contract) between Public
Allies and Partner Organizations and provides further policy and procedural detail behind the
obligations outlined in the contract. You are our partners in developing the uncommon and
untapped human assets of our communities, and these policies are designed to ensure the most
optimal experience for your organization and our Members.
Changes have been made to this document since the previous program year. You are responsible
for understanding all of the material outlined below. Please review this document carefully, even
if you’ve read prior iterations.
1. Partner Organization Supervisor Expectations
Over the course of the 10 month program, Public Allies expects direct supervisors of Public
Allies AmeriCorps Members to act as a partner in developing the leadership assets of the
Ally, which includes, but is not limited, to the following:
A. Provide your Member a minimum of 1300 hours after the subtraction of Personal
Time Off 12 days/102 hours).
B. Provide hands-on supervision and coaching for your Member in developing
baseline professional working skills needed to carry out his/her work.
C. Support and challenge your Member in meeting placement objectives and
graduation requirements in order to graduate from the program.
D. Provide appropriate office space for your Member.
E. Provide a thorough orientation for your Member.
F. Provide a thorough orientation and any training necessary for your Member to
provide capacity building services to your organization.
G. Complete all evaluations requested by Public Allies.
H. Review and approve your Member's semi-monthly timesheet and monthly member
service reflection online in the PISD (Personal Impact Service Documentation
form) within 4 business days of the end of the reporting period.
I. Consult with your Member’s Program Manager before changing your Member's
position description.
J. Provide formal feedback to your Member on his or her performance at least twice
during the program year. You must use Public Allies performance evaluation tools
and are free to use any other tools your organization may use. These Supervisor of
Member Performance assessments are due in January 2016 and in May 2016.
K. Attend your Member’s end of the year presentation.
Public Allies Partner Organization Agreement 2015-2016 36
L. Attend your Member’s graduation scheduled for June 24, 2016.
2. Member Eligibility
In order to be placed, Public Allies Members must meet the following criteria:
A. is at least 18 years of age by the start date;
B. is a U.S. citizen or U.S. national or lawful permanent resident alien of the United
States;
C. has not earned the equivalent of 2 education awards or served more than 4
AmeriCorps State or National terms;
D. has a high school diploma or GED;
E. has a complete application on file (either online and noted as such in file; or a print
copy is in file),
F. satisfactorily completed a previous term of service if there is one; and
G. passes a National Service criminal history check.
H. As a part of the National Service Criminal History check,
Public Allies AZ conducts a search of the National Sex
Offender Public Website (NSOPW), and FBI fingerprint
check Alternate Search Protocol of self-certification. The
self-certification and the NSOPW results must be verified
and documented prior to the Ally beginning his/her term of
service on September 2, 2015. The state of Arizona and other
state criminal background checks must be initiated by
Partner Organization prior to Ally program start date of
September 2, 2015. Per Arizona state law, Public Allies AZ
may not initiate any state background criminal check
history. State background check documentation form is
required prior to program start date September 2, 2015 from
each partner organization for each Ally. Any additional
criminal/MVD history check or testing your agency chooses
to perform is at its own cost. Partner organizations that
require state of AZ DPS Fingerprint clearance card must
initiate the application prior to Ally program start date of
September 2, 2015 and must cover the cost of the fingerprint
clearance card.
I. An Ally who has passed the NSOPW and awaiting results of
the state and FBI checks may begin service, so long as they
are physically accompanied while working with individuals
from a vulnerable population, which is defined as someone
Public Allies Partner Organization Agreement 2015-2016 37
under the age of 18, over the age of 60, or having a disability.
Physical accompaniment can be provided by:
• An authorized representative who has previously been
cleared for such access;
• A family member or legal guardian of the vulnerable
individual;
• An individual authorized by nature of his/her
profession to have recurring access to the vulnerable
individual, such as an education or medical professional.
J. If an Ally is required to be accompanied while in service with
your agency, you must document the dates, times, names and
signatures of the individuals providing accompaniment.
3. Member Expectations
A. Each Public Allies AmeriCorps Member has entered into a “Member Contract”
that clearly outlines the expectations, code of conduct and graduation requirements
for each Member. As direct supervisors of the Public Allies AmeriCorps Members,
it is essential that you read, understand and uphold those policies. Should you have
any questions, please contact assigned Public Allies Program Manager.
B. During the term of service, Members are expected to provide capacity building
services to your organization. As a general rule, capacity building activities are
indirect services that enable organizations to provide more, better and sustained
direct services • Intended results of capacity building include the support or
enhancement of a program delivery model, increasing, expanding or enhancing
services, and enabling the organization to provide a sustained level of more or
better direct services after your term of service has ended.
In general, capacity building activities are not solely intended to support the
administration or operations of the organization, or activities that increase capacity
during your term of service, but are not sustained when you leave.
C. In addition, the Member is expected, at all times while acting in an official
capacity as an AmeriCorps and Public Allies Member, to:
i. Demonstrate respect towards others.
ii. Follow directions.
iii. Direct concerns, problems, and suggestions to his/her Public Allies Program
Manager or appropriate staff member.
iv. Not engage in any activity that is illegal under local, state, or federal law.
Public Allies Partner Organization Agreement 2015-2016 38
v. Not engage in activities that pose a significant safety risk to others.
4. Identification as an AmeriCorps Member
The Public Allies Apprenticeship is an AmeriCorps program and the Ally placed at your
organization is a resource being provided by an AmeriCorps grant. As such, your
organization is a beneficiary of the resources provided by the Corporation for National and
Community Service.
The Partner Organization Supervisor must ensure that Allies identify themselves as Public
Allies AmeriCorps members during public speaking opportunities. Member business cards
should identify the Ally as a “Public Allies AmeriCorps Apprentice.”
5. Personal Impact Service Documentation (PISD)
Public Allies requires you to review and approve your Member's semi-monthly timesheets
and monthly Member Service Reflections, submitted in the Personal Impact and Service
Documentation (PISD) system, within 4 business days following the end of the reporting
period. Your organization’s reimbursement from Public Allies may be delayed if you do not
approve your Member’s timesheets and Reflections in PISD in a timely manner.
Your Member must complete a minimum of 1700 hours of direct service work (in
combination with Public Allies’ events such as Training/Team Service Days, retreats, etc.)
between September 2, 2015 and June 30, 2016 in order to receive his or her Education
Award. Your Member is expected to complete at least 1300.5 hours of service at the Partner
Organization. Therefore, it is necessary for Public Allies to keep exact and strict
documentation on the number of hours a Member is performing service. Your Member is
responsible for submitting the forms in the Personal Impact Service Documentation online
system within 2 business days following the end of the reporting period.
Public Allies requires your Member to maintain accurate records of attendance and timeliness.
Absenteeism and tardiness may be grounds for penalization.
6. Ally Attendance Policy
Public Allies has instituted the following regulations to assure that each Member attains at least 1700
hours of service. If an Ally does not adhere to these attendance policies, their enrollment in Public Allies,
final paycheck, and education award may be in jeopardy.
Retreats - Attendance is mandatory at all retreats. All time in attendance at retreats, including
evenings, is Public Allies time. Compliance with Public Allies’ policies is required throughout the period
of each retreat.
Absences - Absences fall into one of two categories: unexcused absences and excused absences that are
accounted for in your absence allotment. All absences, including holidays, must be recorded in the
Personal Impact Service Documentation (PISD) form.
Public Allies Partner Organization Agreement 2015-2016 39
Unexcused Absences - An unexcused absence is one in which proper absence notification is NOT
GIVEN by the Ally to the Partner Organization supervisor and/or their Program Manager. The Ally may
be subject to termination for any unexcused absences.
Excused Absences - An excused absence is one in which proper absence notification is given to the
Program Manager and/or Partner Organization supervisor.
In order to provide maximum flexibility to the member, Public Allies Arizona will not formally mandate
any Holidays in lieu of providing members with additional personal days. Each Ally is permitted twelve
(12) excused paid absences. This allotment includes absences at both the Partner Organization and
Training/Team Service Days. These absences can be used when an Ally wants to observe a Holiday, is
sick, or needs to attend to personal business. As a part of the AmeriCorps/Public Allies Program, Allies
are not eligible to participate in their Partner Organization’s vacation structure. Excessive absence from
Training/Team Service Days may result in release from the program.
Should a Partner Organization observe a holiday that Public Allies does not observe, the Ally may be
required to take that date as one of their personal days. Special situations will be handled on a case-by-
case basis.
Absence Notification Process
• Illness and emergency situations - If an Ally is going to be absent from their Partner
Organization or from Training/Team Service Day due to illness or emergency, they must
notify their Partner Organization supervisor and/or Program Manager at least a half hour
before the start of the work day. Once they have returned to work, they must promptly
submit a completed absence request form to their Program Manager. Should an Ally not
notify their Partner Organization Supervisor and/or Program Manager prior to the start of
that workday, they will be charged with an unexcused absence which may be cause for
dismissal.
• Other Absences - When using one of their allotted personal days for a planned absence
from the Partner Organization, an Absence Request form must be completed and submitted
for approval to the Partner Organization Supervisor and Public Allies Program Manager at
least two days in advance of the absence. Absence requests not submitted at least two days in
advance may be denied by either Public Allies or the Partner Organization. If either party
does not approve the absence request, the absence is considered denied. Absence requests
for Training/Team Service Days must be completed and submitted for approval to the Public
Allies Program Manager at least one week in advance of the absence. Absence requests not
submitted at least two days in advance may be denied by Public Allies. Absences without
prior approved documentation will be considered unexcused unless due to illness or
emergency situations (see “Illness and emergency situations” section above). Any unexcused
absence may be grounds for termination.
• Jury Duty - Absences for jury duty are paid absences and count towards the 1700 hours that
are required to graduate from the Program. Approved absence request documentation
should still be submitted following the above procedures; however, these days will not be
deducted from the Allies’ excused absence allotment.
Public Allies Partner Organization Agreement 2015-2016 40
• Non-Public Allies Training Opportunities – The Ally may use up to three
Training/Community Days to pursue training opportunities, retreats or conferences that are
sponsored or supported by the Partner Organization. The following restrictions apply:
o Members may not miss more than a total of three Training/Community Space days for
any reason.
o The alternate training opportunities may only be used on regularly scheduled training;
they may not be used to miss any part of a Program retreat.
o The event must be relevant either to the Ally’s work at the Partner Organization or to the
outcomes of the Public Allies program.
o The Ally must give their Program Manager at least one week’s notice. The Program
Manager will use his/her discretion to either approve or deny the Alternate Training
Opportunity. Emergencies will be handled on a case-by-case basis. Failure to
communicate absence within 24 hours is considered an unexcused absence and is
grounds for moving to progressive disciplinary measures.
o These days are not subtracted from your excused absence allotment.
o Public Allies will not cover any costs or fees associated with these events.
o Missing any part of a Training/Community Space Day for an alternate training
opportunity will count as an entire Alternate training opportunity. (ie: no ½ Alternate
Training Days will be recorded.)
• Service Days – Participation in three National Service Days (Make a Difference Day, Martin
Luther King, Jr. Holiday, and Cesar Chavez Day) are a required part of the program. Any
absence from these service days must be made up prior to May 31, 2015.
• Lunch Breaks – Allies are expected to follow the lunch break policies of the Partner
Organization with the exception that a Member will have at least a 30-minute lunch break
during the day.
Failure to uphold these expectations may result in Public Allies terminating the relationship.
7. Tardiness
Allies are expected to arrive on time to all Public Allies activities and all Partner Organization activities.
On time is defined as zero minutes after the specified start time. Repeated tardiness will result in release
from the Program.
Public Allies Partner Organization Agreement 2015-2016 41
Partner Organization - If an Ally is going to be late to their placement site, they must call to notify their
Partner Organization Supervisor and Public Allies Program Manager at least a half-hour before the
scheduled start time, or as soon as they know that they will not be on time. These incidents must be
recorded and briefly explained by the Ally in their semi-monthly Personal Impact Service Documentation
(PISD) form. Repeated tardiness at placement will result in release from the Public Allies Apprenticeship
Program.
8. Office Space
You must provide your Member with an appropriate office space. This should include a
desk, telephone, internet access and necessary office supplies, a place to put work, and any
other office arrangements that will allow a Member to perform to the best of his/her ability.
9. Orientation to Partner Organization
You must provide your Member with an orientation to your organization. An orientation is
important in ensuring a proper understanding of your organization's philosophy, policies
and procedures. At this time, you must outline your expectations for your Member. In
addition, we request that you introduce your Member to your fellow coworkers and explain
Public Allies.
10. Basic Support and Development
You must provide any training necessary for your Member to adequately perform needed
job functions at your organization. Public Allies also requests that you provide hands-on
supervision and mentoring for your Member in developing baseline professional working
skills needed to carry out his/her work.
11. Member-Staff Relations
In order to maintain healthy working relations with the Member placed at your
organization, you are required to maintain a professional relationship with the Member.
You may not consume alcohol or drugs with a Member (regardless of his/her age), and you
may not engage in any sexual behavior with a Member.
12. Release and Dismissal Process
The Partner Organization shall use its best efforts to retain Ally for the Term, even in the
event of disputes, in which case Partner Organization shall seek the assistance of Public
Allies Arizona.
Public Allies utilizes a progressive discipline policy to address violations of policy with the exception of
cases where during the term of service the Member has been charged with or convicted of a violent
felony, possession, sale or distribution of a controlled substance, or in cases where the Public Allies Site
Director determines that the seriousness of the offense warrants distinct action. The progressive
discipline policy will be carried out in the following fashion:
Public Allies Partner Organization Agreement 2015-2016 42
• For the first offense, an appropriate program official will issue a verbal warning to the
Member.
• For the second offense, an appropriate program official will issue a written warning and
reprimand the Member.
• For the third offense, the member may be put on suspension or on a disciplinary contract
with any subsequent violations of rules resulting in immediate release from the program.
• For the fourth offense, the Program may release the Member for cause.
Please refer to the Ally Member Contract for information regarding the progressive
disciplinary process afforded to each Ally as an AmeriCorps Member and consult with your
Program Manager should any challenges arise with regard to the Ally’s performance.
If you release/dismiss your Member, Public Allies requires you to:
submit a letter to Public Allies outlining the reasons your Member was dismissed
return any unused money that Public Allies has paid your organization towards the
Member stipend
complete all required evaluations
Public Allies is not required to consult with a partner organization when determining if a
Member will be released from the program. If a Member is terminated from the Public
Allies Apprenticeship program or leaves the Public Allies program for any reason, the
Partner Organization may not hire or continue employing the Member for a period of six
months after the termination.
13. Special Events
On occasion, your Member will be asked to represent Public Allies at special events and
other activities. Public Allies will attempt to provide your Member with at least two days
prior notice before the scheduled event. It is your Member’s responsibility to obtain
permission from you. If he or she attends the event without your approval, his or her
absence will be counted as an unexcused absence.
14. Prohibited Activities
A. Prohibited Activities - The Member is expected, at all times while acting in an official
capacity as an AmeriCorps and Public Allies Member not to engage in any of the
following AmeriCorps Prohibited Activities, either directly or indirectly:
Public Allies Partner Organization Agreement 2015-2016 43
Attempting to influence legislation, including but not limited to lobbying for
your program or state or local ballot initiatives or organizing a letter-writing
campaign to Congress;
Organizing or participating in protests, petitions, boycotts, or strikes;
Assisting, promoting, or deterring union organizing;
Conducting or assisting with a voter registration drive;
Impairing existing contracts for services or collective bargaining agreements;
Engaging in partisan political activities, or other activities designed to influence
the outcome of an election to any public office;
Participating in, or endorsing, events or activities that are likely to include
advocacy for or against political parties, political platforms, political
candidates, proposed legislation, or elected officials;
Engaging in religious instruction, conducting worship services, providing
instruction as part of a program that includes mandatory religious instruction
or worship, constructing, or operating facilities devoted to religious instruction
or worship, maintaining facilities primarily or inherently devoted to religious
instruction or worship, or engaging in any form of religious proselytization;
Providing a direct benefit to:
o A business organized for profit;
o A labor union;
o A partisan political organization;
o A nonprofit organization that fails to comply with the restrictions contained
in section 501(c)(3) of the Internal Revenue Code of 1986 related to
engaging in political activities or substantial amount of lobbying;
o An organization engaged in the religious activities described above, unless
CNCS assistance is not used to support those religious activities;
Conducting a voter registration drive or using CNCS funds to conduct a voter
registration drive;
Providing abortion services or referrals for receipt of such services; and
Such other activities as CNCS may prohibit.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of the
activities listed above. Individuals may exercise their rights as private citizens and may
participate in the activities listed above on their initiative, on non-AmeriCorps time, and
using non-Corporation funds. Individuals should not wear the AmeriCorps logo while doing
so.
Public Allies Partner Organization Agreement 2015-2016 44
Any hours spent engaging in prohibited activities will result in those hours not being
approved or disallowed from being counted toward completion of an AmeriCorps term of
service.
vi. Fundraising Guidelines: The Public Allies AmeriCorps member cannot assist
Public Allies or your Partner Organization with major fundraising efforts such as
proposal writing, financial campaigns, and endowment drives, solicitation of gifts
and bequest, or similar activities designed for the sole purpose of raising general
operating capital.
However, the Member is permitted to raise resources for a project that he/she is
working on that provides immediate and direct support to a specific and direct
service activity. Under no circumstances can the member assist with the
preparation or submission of any grants to the Corporation for National and
Community Service or any other federal agency. The member cannot raise funds to
support the cost of his/her own position.
Furthermore, the member may not spend more than 10% of his/her
total hours on approved fundraising activities. Any fundraising
activities must be discussed with and pre-approved by the Public Allies
Program Manager.
15. Grievance Procedure
A. Public Allies has established a grievance procedure to resolve disputes concerning the
suspension, dismissal, service evaluation, proposed service assignment, or any decision that
materially limits, denies or terminates a Member’s participation in the Program. This
procedure is also extended to resolve disputes for any persons or entities impacted by the
Program, including Partner Organizations. Informal efforts to resolve the dispute should be
pursued before a formal grievance is initiated. A formal grievance may be filed in accordance
with the Program's grievance procedure as set forth below.
Non-Members wishing to file a grievance against the Program should contact the Public
Allies Site Director.
A Member grievance against a Partner Organization Supervisor or another Member
should be filed with the Public Allies Site Director.
A Member grievance against a Public Allies staff member other than the Site Director
should be filed with the Public Allies Site Director.
A Member grievance against the Public Allies Site Director should be filed with the Site
Director’s supervisor.
i. Time Limitations
Except for a grievance that alleges fraud or criminal activity, a grievance must be made
no later than one year after the date of the alleged occurrence. If a hearing is held on a
grievance, it must be conducted no later than 30 calendar days after the filing of such
grievance.
Public Allies Partner Organization Agreement 2015-2016 45
ii. Alternative Dispute Resolution (ADR)
The aggrieved party may seek resolution of a grievance through an informal, alternative
means of dispute resolution (ADR) such as mediation or facilitation. ADR proceedings
must be initiated within 45 days of the date of the alleged occurrence.
If the party chooses to proceed with ADR, a neutral party designated by the program will
attempt to facilitate a mutually agreeable resolution. At the initial session of ADR, the
neutral party must provide the aggrieved party with a written notice of his/her right to
file a formal grievance and right to arbitration. The neutral party may not compel a
decision.
If the matter is resolved, the terms of the resolution must be recorded in a written
agreement, and the party must forgo filing any further grievance on the matter under
consideration. Any decisions made by/with the neutral party is informal and non-
binding unless both parties agree.
The proceedings must be informal and rules of evidence will not apply. With the
exception of a written and agreed-upon ADR, the proceeding is confidential. If the
grievance is not resolved within 30 days of initiation, the neutral party must inform the
aggrieved party of his/her right to file a formal grievance.
iii. Formal Grievance Proceeding
If the party is filing a grievance after participating in ADR, the neutral party may not
participate in the formal grievance process. In addition, no communications or
proceedings of the ADR may be referred to or introduced into evidence at the grievance
and arbitration proceeding.
An aggrieved party may file a grievance hearing if (1) ADR fails to facilitate a mutually
agreeable resolution, or (2) he/she chooses to proceed directly to the hearing without
participating in ADR. Except for a grievance that alleges fraud or criminal activity, a
request for grievance must be made within one year after the date of the alleged
occurrence. A grievance hearing must be held no later than 30 days after the filing of
such grievance, and a written decision must be made no later than 60 days after filing.
iv. Binding Arbitration
The aggrieved party may request binding arbitration if a grievance hearing decision is
adverse or if no decision has been reached after 60 days of the filing of the grievance. The
arbitrator must be jointly selected and must be independent of the interested parties. If
the parties cannot agree on an arbitrator, CNCS will appoint one within 15 days of
receiving a request from one of the parties. An arbitration proceeding must be held no
later than 45 days after the request for arbitration, or no later than 30 days after the
appointment of an arbitrator by CNCS. An arbitration decision must be made no later
than 30 days after the commencement of the arbitration proceeding. The cost of
arbitration must be divided evenly between the parties unless the aggrieved party
prevails, in which case the program will pay the total cost of the proceeding as well as
attorney’s fees of the prevailing party.
If the grievance is regarding a proposed participant placement, the placement must not
be made unless it is consistent with the resolution of the grievance.
Public Allies Partner Organization Agreement 2015-2016 46
v. Remedies
The remedies for a grievance filed under the above procedures may include:
a. Prohibition of a placement of a participant;
b. Suspension or termination of payments under the AmeriCorps grant allowing
placement of the Ally; and
c. In cases where there is a violation of non-duplication or non-displacement
requirements and the employer of the displaced employee is a Public Allies Site
or Partner Organization
Reinstatement of the employee to the position he or she held prior to the
displacement;
Payment of lost wages and benefits;
Re-establishment of other relevant terms , conditions and privileges of
employment; and
Any other equitable relief that is necessary to correct any violation of the
non-duplication or non-displacement requirements or to make the
displaced employee whole;
vi. Enforcement
Suits to enforce arbitration awards under this section may be brought in any district court of the
United States having jurisdiction of the parties, without regard to the amount in controversy and
without regard to the citizenship of the parties.
Public Allies Partner Organization Agreement 2015-2016 47
Acknowledgement Statement
I have read, understand and agree to uphold the Public Allies Arizona Policies and
Procedures for direct supervisors of AmeriCorps members:
Signature of Direct Supervisor of Member
__________________________________________________
Printed Name
Date
___________________________________________________
Name of Organization
Public Allies Partner Organization Agreement 2015-2016 48
Appendix G: Grant Award
Public Allies Partner Organization Agreement 2015-2016 49
Public Allies Partner Organization Agreement 2015-2016 50
Appendix H: Statement of Non-displacement and Union Consent
Statement of Union Consent
Federal regulations state that wherever AmeriCorps members are serving in
organizations where they are performing job functions that are substantially similar to
those of employees represented by a labor union, union consent is required in order for
the organization to host the AmeriCorps member.
(Check One):
Not applicable. My organization either does not have unionized employees, or is
hosting a Public Allies AmeriCorps member performing job functions substantially
dissimilar from those carried out by unionized employees in my organization.
(OR)
Applicable. My organization is hosting a Public Allies AmeriCorps member
performing job functions substantially similar to those performed by unionized
employees. Written consent from the labor union has been offered in support of the
organization hosting an AmeriCorps member.
Signature of Partner Organization Representative Date
Public Allies Partner Organization Agreement 2015-2016 51
Appendix I: University and State Required Provisions
For purposes of the following provisions, Public Allies Arizona shall be referred to as “ASU”
and Partner Organization shall be referred to as “Entity:”
1. Conflict of Interest. ASU’s participation in this Agreement is subject to Section 38-511
of the Arizona Revised Statutes which provides that ASU may cancel this Agreement within
three years after the execution of this Agreement, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of ASU, at any time while this Agreement or any extension thereof is in
effect, is an employee or agent of any other party to this Agreement in any capacity or a
consultant to any other party with respect to the subject matter of this Agreement. Notice is
provided of A.R.S. § 41-753D.
2. Dispute Resolution/Arbitration. If a dispute arises under this Agreement, the parties
will exhaust all applicable administrative remedies provided for under Arizona Board of Regents
Policy 3809. As required by A.R.S. § 12-1518, the parties agree to make use of arbitration in
disputes that are subject to mandatory arbitration pursuant to A.R.S. § 12-133. I
3. Records. To the extent required by A.R.S. § 35-214, the non- ASU parties to this
Agreement (jointly and severally, "Entity") will retain all records relating to this Agreement.
Entity will make those records available at all reasonable times for inspection and audit by ASU
or the Auditor General of the State of Arizona during the term of this Agreement and for a period
of five years after the completion of this Agreement. The records will be provided at Arizona
State University, Tempe, Arizona, or another location designated by ASU on reasonable notice
to Entity.
4. Cancellation for Nonappropriations. In accordance with A.R.S. § 35-154, if ASU’s
performance under this Agreement depends on the appropriation of funds by the Arizona
Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then
ASU may provide written notice of this to Entity and cancel this Agreement without further
obligation of ASU. Appropriation is a legislative act and is beyond the control of ASU.
5. Weapons, Explosive Devices and Fireworks: Tobacco. ASU prohibits the use,
possession, display or storage of any weapon, explosive device or fireworks on all land and
buildings owned, leased, or under the control of ASU or its affiliated or related entities, in all
ASU residential facilities (whether managed by ASU or another entity), in all ASU vehicles, and
at all ASU or ASU affiliate sponsored events and activities, except as provided in A.R.S. § 12-
781 or unless written permission is given by the Chief of the ASU Police Department or a
designated representative. Notification by Entity to all persons or entities who are employees,
officers, subcontractors, consultants, agents, guests, invitees or licensees of Entity ("Entity
Public Allies Partner Organization Agreement 2015-2016 52
Notification Parties") of this policy is a condition and requirement of this Agreement. Entity
further agrees to enforce this contractual requirement against all Entity Notification Parties.
ASU’s policy may be accessed through the following web page:
http://www.asu.edu/aad/manuals/pdp/pdp201-05.html. ASU is tobacco free. For details visit
www.asu.edu/tobaccofree.
6. Confidentiality. ASU is a public institution and, as such, is subject to A.R.S. §§ 39-121
through 39-127 regarding public records. Accordingly, notwithstanding any other provision of
this Agreement to the contrary, any provision regarding confidentiality is limited to the extent
necessary to comply with the provisions of Arizona law.
7. Indemnification. ASU is a public institution and, as such, any indemnification, liability
limitation, or hold harmless provision will be limited as required by Arizona law, including
without limitation Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154
and 41-621. Therefore, notwithstanding any other provision of this Agreement to the contrary,
ASU’s liability under any claim for indemnification is limited to claims for property damage,
personal injury, or death to the extent caused by acts or omissions of ASU.
8. ASU Names and Marks. Entity will not use any names, service marks, trademarks, trade
names, logos, or other identifying names, domain names, or identifying marks of ASU (the
"ASU Marks"), without in each case, the prior written consent of ASU. Entity's use of any ASU
Marks must comply with ASU's requirements including using the ® indication of a registered
trademark where applicable.
Authorized Presence Requirements. As required by A.R.S. § 41 4401, ASU is prohibited from
awarding a contract to any contractor or subcontractor that fails to comply with A.R.S. § 23
214(A) (verification of employee eligibility through the e-verify program). Entity warrants that it
and its subcontractors comply fully with all applicable federal immigration laws and regulations
that relate to their employees and their compliance with A.R.S. § 23 214(A). A breach of the
foregoing warranty will be deemed a material breach of this Agreement that is subject to
penalties up to and including termination of the Agreement. ASU retains the legal right to inspect
the papers of any contractor or subcontractor employee who works hereunder to ensure that the
contractor or subcontractor is complying with the warranty stated above.
Public Allies Partner Organization Agreement 2015-2016 53