HomeMy WebLinkAboutAgenda - 11-05-2009 - 4kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2009
Action Agenda
Item No. 4 - K
SUBJECT: NC Department of Correction Grant Award and CJPP Continuation Contract
DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. NC Department of Correction CJPP Nancy Coston, 245-2802
Contract Sharron Hinton, 245-2840
2. Orange County and Freedom House
Recovery Center Contract
PURPOSE: To receive FY 2009-2010 Criminal Justice Partnership Program (CJPP)
implementation grant funds totaling $173,467 from the NC Department of Correction and to
approve a contract with Freedom House Recovery Center for the continuation of local services.
BACKGROUND: The NC Department of Correction has approved the County's annual grant
request to administer Criminal Justice Partnership Program funds for Orange and Chatham
counties. These funds are designed to assist adult offenders sentenced to intermediate
sanctions. ACJPP-eligible intermediate punishment offender is defined as an adult offender
convicted of a misdemeanor or a felony offense who received anon-incarcerative sentence of
an intermediate punishment or who is serving a term of post-release supervision after
completing an active sentence of imprisonment.
Orange County has served as the fiscal agent since the original grant allocation was received in
1994. Program services are administered by the CJPP Adult Advisory Committee and provided
through contractual arrangements. The following contract is recommended for the continuation
of CJPP service delivery programs:
• Freedom House Recovery Center (Freedom House Resource Center) -This initiative
ensures a continuum of care for adult offenders with intermediate sanctions. This is the
fourth year of operating the resource center. Freedom House serves as a one-stop shop
for assessment, drug screening, service delivery, referral care, and after care/support
services. Although located in Orange County, Freedom House also maintains an office
in Chatham County to provide Intensive Outpatient Treatment for CJPP-eligible Chatham
County residents.
• Administration - $10,000 of the grant award is designated for administrative support.
FINANCIAL IMPACT: State funds from the NC Department of Correction are provided to
implement these services.
RECOMMENDATION(S): The Manager recommends that the Board approve the contracts
with the NC Department of Correction and Freedom House Recovery Center and authorize the
Chair to sign the contracts.
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North Carolina Department of Correction
DIVISION OF COMMUNITY CORRECTIONS
2020 Yonkers Rd. • 4250 MSC • Raleigh, N.C. 27699-4250
Phone: (919) 716-3100 Fax: (919) 716-3996
Beverly Eaves Perdue Timothy D. Moose Alvin W. Keller, Jr.
Governor Director Secretary
September 8, 2009
Laura Blackmon
Orange/Chatham Counties
Post Office Box 8181
Hillsborough, North Carolina 27278
Dear Sir or Madam:
You were informed in Secretary Kelley's letter dated June 20, 2009 that the county's application for a Criminal Justice Partnership
grant for Fiscal Year 2009-2010 had been approved. The exact amount could not be specified at that time since the state budget was still under
review by the legislature. We are pleased to advise you that in the final budget approved in Senate Bill 202, the total appropriation for the
Criminal Justice Partnership was not reduced.
The funding amounts for counties participating in the Criminal Justice Partnership Program will continue to be based on the following
three (3) basic criteria, as mandated in the funding formula in N.C.G.S. 1438-273.15:
1. A fixed, equal amount per county, based on the number of counties participating;
2. Each county's share of the state population; and
3. Each county's amount of Intermediate entries.
Effective July 1, 2009, the Department of Correction has recalculated each county's allocation of the funding based on the formula
using updated state population and intermediate entries data as the legislature required.
For fiscal year 2009-2010, your funding amount has been established at 5173.467.
Since your final grant award amount is different from the amount oo your application, it is necessary that you submit a "Funding
Modification form," which can be found on the CJPP home page at httD://cipD.doastate.ne.us under IMS (inks, On Line Forms, CJPP
Fiscal Forms. This forTn is to be completed and returned to the Division of Community Corrections, CJPP fiscal office in Raleigh by
September l8, 2009. For assistance with the completion of this form, or if you have a question regarding your funding amount, contact Sandra
Shearin in the DCC Administration office in Raleigh at (919) 716-31 l6.
Additionally, enclosed you will find a grant award contract, and "Designated Authority for Reimbursement Requests" farm, both of
these documents need to be completed and returned by September 30, 2009. Please review these documents and inform all relevant parties of
their responsibilities. It is necessary for the COUNTY'S AUTHORIZING OFFICIAL to SIGN and RETURN al! documents to Valery
Stephens (4250 MSC, Raleigh, NC 27699-4250). All doctuments and forms must be completed and on file in the Division of Community
Corrections CJPP office in Raleigh before reimbursements to the local county programs can begin.
1 join the North Carolina State Criminal Justice Partnership Advisory Board and the Partnership stall' in offering congratulations on
receiving this grant Thank you for your continuing support of this important effort.
With kind personal regards, I remain
Respectfully,
. ~ ~ ~~
Timothy D. Moose
Director
cc: Yolanda Whiued, Orange County Dept of SS, Division of CS ~ ~t/ a ~~/~ //y y
Trish Hussey, Freedom Houu Recovery Cemer / /
Malt Sullivan, Orange Coumy GPP aoard Chair A `~ ~~~ ~/~ ~--
Conr~ Strader, Division II CJPP Coordinator R//'~i~Ii
Diane Isaaes,Aairrg Divisioa Admin'rstretm Div, !I
Sande Shearin, Chief of Administrativa Services
Allison lourdan, Chief oFProgrem Services
Yolonda Woodhousq Assislam Chief of Program Services
File
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An Equat Opportunity/Affirmative Action Employer
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North Carolina Department of Correction
Division of Community Corrections
Criminal Justice Partnership Program
Designated Authority
County Name:
Authorized C/ou~nty Official
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Printed or Typed N e
Si e
Alternate FiscaUBudgetary Signatory Designee
Printed or Typed Name and Title
Printed or Typed Name and Title
Printed or Typed Name and Title
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Title
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Signature
Signature
Signature
STANDARD GRANT AWARD CONTRACT AND CONDITIONS 5
(Implementation and Discretionary Funds)
North Carolina Department of Correction
Division of Community Corrections
Criminal Justice Partnership Program
THIS GRANT AWARD CONTRACT IS MADE AND ENTERED INTO
this day of 2009, between the North Carolina
Department of Correction Criminal Justice Partnership Program., Grantor, and
Orange/Chatham County, .Grantee.
WHEREAS, the Grantor desires to award the Grantee a North Carolina
Department of Correction Criminal Justice Partnership Program (hereinafter
referred to as NCDOCCJPP) grant, and the Grantee desires to accept said grant,
upon the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY agreed as follows:
I. 'The Grantor pursuant to NC G.S.143 B hereby awards a NCDOCCJPP
grant in the amount of $ 173.467 for the grant period of July 1, 2009 to
June 30, 2010 to become effective as set forth below, and subject to the
availability of funds appropriated by the North Carolina, General
Assembly. The Department of Correction reserves the right to reallocate
funds as managed by the Office of State Budget and Management under
the Executive Budget Act.
II. The Grantee covenants and agrees that a grant awarded to the Grantee
as a result of submission of a NCDOCCJPP plan or application shall be
subject to and incorporate the conditions set forth herein, and rules,
regulations, and policies of the NCDOCCJPP. The Grantee shall include
provisions appropriate to carry out the purposes of these conditions in all
contracts of employment, consultant's agreements, and contracts issued
under an approved application. This contract may not be amended or
altered without the written consent of both parties.
III. Applicable Rules/Regulations
A. Noa-Supplanting Stigulation: The Grantee agrees that funds awarded
pursuant to this contract will not be used to supplant or replace federal,
state or local funds otherwise available for related NCDOCCJPP-funded
activities.
B. Fiscal Regulations: The fiscal administration of grants shall be subject
to such further rules, regulations, and policies concerning accounting
and records, payment of funds, cost allowability, submission of financial
reports, etc., as may be prescribed by the NCDOCCJPP consistent with
the purposes and authorizations of NC G.S.143B and 148. It is the
further responsibility of the Grantee to be aware of all rules, regulations,
laws and policies of the NCDOCCJPP, now existing or hereafter
promulgated or amended, pertaining to the administration of programs
and projects funded by the NCDOCCJPP.
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C. Audit and Inspection: The Grantee agrees to have performed an annual audit of
the NCDOCCJPP-funded project and submit a copy to the Office of State Auditor
and make a copy available locally for inspection by NCDOCCJPP staff. This annual
audit requirement is satisfied if the NCDOCCJPP-funded program is part of the
Grantee's annual single audit. Grantee's receiving $300,000 or more in
NCDOCCJPP funding annually must also meet audit compliance requirements of
the Single Audit Act of 1984, as amended. The North Carolina Department of
Correction, and the State Auditors office, or any of their duly authorized
representatives, shall have access for the purpose of audit and exa~~nation to any
books, documents, papers, and records that pertain to this project. If as a result of
inspection of the audit, any project expenditure is disallowed, the NCDOCCJPP may
in its sole discretion reduce the amount . of the grant award by the amount
disallowed or demand repayment.
D. Reporting Requirements: The Grantee agrees to submit financial reports,
monitoring/evaluation reports and/or information in writing.or electronically as
required by the NCDOCCJPP. The Grantee agrees to provide regular progress
reports according to the schedule and format set by the NCDOCCJPP.
E. Release of Information: All non-client records, papers, and other documents kept
by the Grantee and any contracts under the grant relating to the receipt and
disposition of NCDOCCJPP funds are required to be made available under the
terms and conditions of applicable state regulations. These records must be kept
on file for three years following the close of each annual grant period.
F. Assignment of Interest: The Grantee shall not assign any interest in this grant
agreement and shall not transfer any interest, whether by assignment or notation,
without the prior written consent of the Grantor thereof, except as specified herein.
G. Third Party Participation: The Grantee may enter into .a contract or agreement
for execution of NCDOCCJPP project activities or for provision of services described
in the approved NCDOCCJPP plan or application. Any such contracts or
agreements shall provide that the Grantee will retain ultimate control and
responsibility for the project and that the service provider or contractor shall be
bound by the Grantee's NCDOCCJPP grant award contract and conditions. This
includes services provided to the Grantee by an advisory board or any advisory
board committees or subcommittees, by volunteers, by state and local agencies or
any other parties. ]n any case, where the Grantee enters into an agreement or a
contract with third parties, and when such agreements or contracts are not
contrary to law, the NCDOCCJPP shall not be obligated or liable for any breach of
contract or other action in law to any party other than the original Grantee.
The Grantee is responsible for acquiring and following NCDOCCJPP guidelines
covering payment of indirect costs before agreeing to pay administrative costs with
grant funds. The Grantee shall provide one copy of any such written
agreements or contract documents to the NCDOCCJPP in the Grantees annual
community corrections plan or in. nay amendments involving the same.
Approval of the Grantees annual community corrections plan or plan
amendments shall constitute approval of agreements or contracts contained
therein.
Page 2 ---July 1, 2009 to June 30, 2010
H. Criminal Penalties: Whoever embezzles willfully misapplies steals or obtains by
fraud any funds, assets, or property from a grant, whether received directly or
indirectly from the NCDOCCJPP, shall be subject to prosecution under applicable
law. Whoever knowingly and willfully falsifies or conceals any material fact in any
application for assistance submitted pursuant to the State-County Criminal Justice
Partnership Act or in any record required to be maintained pursuant to this
contract, shall also be subject to prosecution.
I. Continuation of Fuadiag: The Grantee understands that the awarding of any
NCDOCCJPP grant in no way assures or implies continuation of funding beyond
the project duration indicated on the grant award contract.
J. Waiver: It is agreed that the- Grantors failure to insist upon the strict performance
of any provision of this application or to exercise any right based upon a breach
thereof, or the acceptance . of any performance during such a breach, shall not
constitute a waiver of any rights assigned to the Grantor under this application.
K. Title to Property: The title to all real or other property acquired or constructed in
whole or in part with grant funds in accordance with an approved budget and other
requirements set by the Grantor shall be held at all times by the Grantee county
and may not be reassigned. The deed to such property shall be held in the name of
the Grantee county. Said property is subject to transfer or divestment at the option
of the NCDOCCJPP where its use for project purposes is disallowed or
discontinued. The proceeds of any transfer or divestment of property shall belong
to the North Carolina Department of Correction. All items procured with
NCDOCCJPP grant funds must be the property of the Grantee, not any of. its
employees or contractors. The Grantee shall exercise due caution in the use,
maintenance, protection, and preservation of such property during the period of
project use.
If NCDOCCJPP funds are spent for an approved renovation project on rental
property, the Grantee is responsible for securing written agreements from the deed
holder of the renovated property stating the form in which the cost of said
renovations will be repaid to the Grantee. An example is waiver of lease or rental
payments during the period in which the cumulative amount of such payments
equals the cost of the renovation.
L. Selection of Facility Site: No grant funds may be expended for the purpose of
purchasing, constructing ~or remodeling a facility or locating a program unless all
necessary local land use ordinances and permits have been met and the facility
approved for operation at the proposed site by the appropriate governing body. ]f
there are no local zoning ordinances in the jurisdiction in which the proposed
facility or program will be located, the Grantee must report this to the NCDOCCJPP
before any funds are expended, in order that a procedure for gathering public input
on the proposed facility or program can be put into place.
Page 3 ---July 1, 2004 to June 30, 2010
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The Grantee shall be responsible for providing sufb.cient notification and review of a
particular site for a facility or program paid for in whole or in part with
NCDOCCJPP funds. The Grantee must provide written verification of site approval
before proceeding with the expenditure of any funds for such a facility, except that
a fee such as reasonable earnest money maybe paid with prior written approval of
the NCDOCCJPP. Written notice of plans to locate a facility or program shall be
provided by the Grantee county to the Board of County Commissioners in the
Grantee county and, if a different county, to the Board of County Commissioners in
the county in which the proposed facility or program is to be located. A copy of this
notice shall also be provided to the Grantor.
It is the specific responsibility of the Grantee to ensure that the Board(s) of County
Commissioners and any local government body with authority over the Grantee
county or the jurisdiction in which the facility or program is to be located approves
of the use of a particular site for any operations paid for in whole or in part by
NCDOCCJPP funds. ~,trther, title to any property must be held. as stated in III. K.
above.
I. Operational Procedures
A. County Policies Ia Effect: The Grantee county shall manage the grant funds and
ensure that the program operation and all grant fund expenditures are carried out
under the fiscal policies of the Grantee county, except where otherwise provided for
in this contract.
B. Implementation of Project Withia Sixty Days: The Grantee agrees to implement
NCDOCCJPP projects within-sixty days following the grant contract effective date,
except as provided below or be subject to automatic cancellation of the grant. An
extension may be authorized if requested and justified in writing during the initial
sixty-day period. Implementation includes hiring of staff or expenditure of fiznds as
stated in the budget of an approved NCDOCCJPP plan or application.
C. Accounting Requiremeats: Grantee agrees to record all project costs following
generally accepted fund accounting procedures. A separate account number or
cost recording system must separate all project costs from the Grantee's other or
general expenditures. Adequate documentation must be maintained for all project
expenditures and commitment of funds. Such financial records and supporting .
documentation must be retained and available for audit purposes for three years
following the end of the grant period. Adequate documentation is defined as follows
for each major budget category:
1. Personael: Documentation must include time and attendance records,
payroll periods, payment rate and a brief description of the service(s)
provided. Time Reports must be signed by the employee and supervisor.
This requirement applies to all personnel paid from NCDOCCJPP grant
funds. All salary increases must comply with CJPP policy and be approved
as a part of the annual grant submission or in subsequent program/budget
amendment requests.
Page 4 ---July 1, 2009 to June 30, 2010
9
2. Contractual Services: For individual contractual service providers,
documentation must include the signed contract, time and attendance
reports showing time period, payment rate, hours per day and service(s)
provided. Documentation must be signed by the contractual service
provider and the project director. In case of organizations performing
professional services; documentation must include a detailed billing
indicating services performed or products delivered; payment rate consistent
with contractual agreement,. and. approval by the project director.
3. Travel: Documentation must be detailed, to include date, destination,
mileage, reason for travel, and itemization of expenses. Receipts for parking,
tuition, registration, and lodging are required. Expense vouchers will
include the signature of the employee and supervisor. Travel expenses shall
not exceed those approved by the Grantee county. Travel in permanently
assigned county vehicles purchased with CJPP funds must be documented
on a travel log and kept available for reviewing during monitoring visits.
4. Supplies and Other Operating Expenses and Equipment: Documentation
must include purchase order authorization, audited vendor invoices
approved by the project director (and other higher. authorizing official, if
appropriate). The Grantee further agrees :to maintain a current inventory of
all project equipment onsite at the project location.
5. Construction and Renovation: Documentation must include contracts for
services, payment rate consistent with contractual arrangement,
construction supply costs and invoices, architectural plans (if appropriate),
dates for start and completion of projects, detailed billing to indicate services
performed and/or delivered, AND necessary approvals by project director.
Any construction or renovation performed by or for the Grantee shall be
made according to local rules and policies governing such activities, for
example building permits. Payment of rent shall not be made on facilities
constructed, renovated or acquired with NCDOCCJPP grant funds without
prior written approval from NCDOCCJPP.
D. Payment and Utilization of Funds: Funds awarded are to be expended only for
purposes and activities covered by the Grantee's approved NCDOCCJPP plan or
application budget. Project funds may not be expended or committed prior to
the grant contract effective date. Project funds disbursement- is subject to
completion of requirements set forth as a checklist in the award letter. This
checklist of requirements is incorporated by reference and made a part hereof.
Project funds may not be expended and will not be reimbursed until the Grantee
submits its grant award contract signed by the appropriate official or officials.
'Project funds will be .made available through a reimbursement procedure as
provided by NCDOCCJPP policies and procedures. Submission of reimbursement
requests are required by the fifteenth.day of each month for the expenditures of the
preceding month. Project funds map not be expended and will. not be
reimbursed until the Grantee has catered all required offender data into the
NCDOCCJPP Information Management System (IMS) and has fully complied
with all other NCDOCCJPP reporting requirements, including financial
reports, through the month for which reimbursement is being requested.
Page 5 ---July 1, 2009 to June 30, 2010
10
At no time shall the Grantee request or have on hand funds in excess of the
amount necessary for expenditure within the next ninety days. The balance of
grant funds remaining after the completion of a prof ect as authorized in the
approved application will automatically revert to the NCDOCCJPP account for
unrestricted reallocation by the NCDOCCJPP as provided for in the Criminal
Justice Partnership Act.
E. Grant Adjustments The Grantee must obtain prior written approval-from the
NCDOCCJPP for major project changes. These include, but are not limited to the
following: a) changes of substance in project activities, designs, or research plans
set forth in the approved application; b) changes or deviations which might alter the
project scope or intent; c) changes in the project director and/or key professional
personnel identified in the.approved application; d) changes in the approved budget
with the exception of those changes permitted in accordance with provisions cited
later in this section, and e) changes in the length of the grant period. Requests for
budget amendments are to be submitted on the NCDOCCJPP Budget Amendment
Forms. No equipment purchases or salary increases not included in the approved
budget may be made without prior approval of NCDOCCJPP.
The Grantee may deviate from quantities of equipment items in the approved
budget as long as the total dollar amount of the equipment budget is not exceeded
and the equipment is being purchased at the lowest possible reasonable price,
provided written notification is submitted to the NCDOCCJPP prior to purchase.
This notification shall be maintained in the project file by both the NCDOCCJPP
and the Grantee. In changing the approved budget in the course of a grant year,
the Grantee may not transfer a cumulative total of more than $10,000 or 10% of
the total award amount, whichever is less, without prior approval of the
NCDOCCJPP. This applies to transfers between, among or within the major budget
categories. All changes in the approved budget must comply with CJPP policy and
requirements in the grant award, and all portions of the grant contract. Requests
for approval of budget amendments shall be made in, time to aIIow ten
working days for staff review and consideration. Budget amendments may
not be made after Juae 15 of the annual grant period. Transfers not requiring
approval must be reported in regularly required financial reports.
F. Procurement Standards and Procedures: Grantees shall meet the minimum
requirements for procurement standards and procedures contained in State law as
further limited in this paragraph. All items procured with NCDOCCJPP grant funds
must be the property of the Grantee, not any of its employees or contractors. All
procurement shall be accomplished by obtaining adequate and effective competition
to the maximum practicable extent consistent with the value and specification of
supplies and services to be produced. Publicly advertised procurement with sealed
bids and public openings shall be the, preferred method. A system of contract
administration shall be maintained to assure the following: 1) contractor
conformity with the terms, conditions, and specifications of the contract purchase
order and 2) adequate follow up of all deliveries. The Grantee must maintain
procurement records°which provide documentation of procurement actionincluding- - -
the justification for sole or single source or the negotiated method of procurement.
The cost plus a percentage of cost method of contracting shall not be used.
G. Letting of Purchase Contracts: All purchases of furniture, fixtures, equipment,
materials and supplies for the project described in the approved application shall
Page 6 ---July 1, 2009 to June 30, 2010
'11
be made at the lowest possible reasonable price. The Grantee agrees to adhere to
the following requirements in making such purchases: a) when the purchase will
require more than $1,000 but less than $2,500, informal bids shall be awarded to
the lowest responsible bidder, taking into consideration quality, performance and
the time specified for performance, although if this requirement is in conflict with
Grantee county policy, that county policy may be applied; b) all other purchases
shall be made through the Grantees norrizal commercial purchasing procedures,
The NCDOCCJPP reserves the right to establish the price or set the allowable cost
value of any items acquired by the Grantee without compliance with these
provisions.
All new vehicles purchased with project funds must follow formal bid procedures,
This procedure involves soliciting sealed bids from qualified sources of supply. The
requirement is legally advertised and bids are opened in public. At least two
responsible bids must be received and the lowest bid must be accepted. Any vehicle
purchase requires prior approval of the NCDOCCJPP. Counties also have the
option to make purchases under State contract. All such purchases made with
NCDOCCJPP grant funds must result in ownership by the Grantee county of
purchased items.
H. Year-End Expenditures: All expenditures must be made by June 30, 2010 in
order to be reimbursed from fiscal year 2009-10 funds. The Grantee must
request reimbursement of funds spent is a grant year by August 15 following
the last day of that grant year. Any request for reimbursement made after
August 15 wilt be `'paid fro=ri current year grant funds, if such funds are
available. Additionally, each Grantee shall submit by March 31 of each year a
summary of projected current grant year expenditures for implementation
and discretionary funds.
II. Allowable/Non-allowable Costs
A. Allowable Costs: The allowability of costs incurred. under any grant shall be
determined in accordance with the general principles of allowability and standards
set by the NCDOCCJPP. If the allowability of an expenditure cannot be determined
because records or documentation are inadequate, the questionable cost shall be
disallowed.
B. Expenses Not Allowable: The Grantee may not expend grant funds for the
following: a) items not part of the approved budget; b) indirect costs, The Grantee
may not expend funds for the following unless specified in .the Grantees plan or
application for funding and approved by the NCDOCCJPP: a) construction or
renovation of a facility, structure or building; b) purchase of automobiles or
vehicles; and c) purchase of buildings and associated land or payment of real estate
mortgages or taxes. The Grantee may not expend grant funds for the following
unless prior written approval separate from the Grantees plan and' application is
obtained from the NCDOCCJPP: a) purchase of raw land or b) entertainment.
Page 7 ---July 1, 2009 to June 30, 2010
12
C. Personnel: All of the duties and services rendered or performed in the activity of
this project will be under the Grantees supervision, and all personnel engaged in
the work shall be fully qualified and shall be authorized or permitted under federal,
state, and local law to perform such services. Salary and other compensation for
county personnel engaged in the work shall be based on established county
personnel policies covering qualifications and development and maintenance of job
descriptions, and salaries shall be established in accordance with the counties
approved pay classification plan.
Personnel costs shall not be allowable as costs to be fsnanced in whole or in
part with this grant award, unless the position or allowable cost thereof is
specifically contained within the narrative portion of the application and the
approved budget and they only as to the cost therein designated as approved.
All increases in county persoan.el salaries and other compensation must be
implemented in accordance with. the counties personnel polices and pay
classification plan, as approved by the County Board of Commissioners.
Documentation of such increases shall be made available to the NCDOCCJPP
upon request.
D. Contracts for Professional Services: The Grantee assures that in any
NCDOCCJPP program or project requiring the procurement of contractual services
a competitive bidding or competitive negotiation process will be used when
appropriate and practical and when required by law or by county policy. In all
cases the Grantee shall secure the most cost-effective manner of providing services.
]:n the case where the county opts not to use a competitive process and the cost of
contractual services exceeds the range of typical rates far such services in other
counties, the NCDOCCJPP may require the county to make a request for proposals
or utilize competitive bidding before expending funds for contractual services.
Contracts shall contain information about the scope and costs of services to be
rendered and the number of persons to be served. The Grantee shall draft service
contracts according to CJPP guidelines for proposed contracts, and the Grantee
shall have the responsibility for securing from CJPP such guidelines before entering
into contracts for services.
A copy of the proposed contract must be submitted for consideration during
the NCDOCCJPP review of the Grantees plan or application. No funds map.be
expended for contract agreements until such contracts are received and
approved as a part of the grant application process.
E. Insurance and Indemnification: Grant funds may not be committed for
insurance or indemnification expenses unless the Grantees plan and application
demonstrate that a) types and extent and cost of coverage will be in accordance
with local government policy and sound business practice and b) costs will not be
charged for contributions to a reserve for aself-insurance program. Grant funds
may not be requested by-the Grantee if any expenditures are. to be made for
insurance or indemnification costs for which the above certification cannot be made
unless complete details and justification have been submitted to the NCDOCCJPP
and prior approval has been granted.
Page 8 ---July 1, 2009 to June 30, 2010
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F. Rent and/or Lease of Space or Equipment: All leases entered into for purposes
of a funded project shall be made at the lowest reasonable prices. The Grantee
may use its normal leasing procedures and space requirements for employees. The
rental charge must be consistent with prevailing rates in the area. The Grantor
shall not be obligated for any rent or lease agreement beyond the grant
period.
Any leaseholder improvements°to be made by the Grantee must be included in the ~~
approved grant budget. The Grantee must secure written documentation of the
extent to which the Grantee will be compensated for such leaseholder
improvements by the lessor (reduction in the charge for rent, etc.).
G. Travel, Lodging and Subsistence: Expenditures and allowable cost value for
travel, lodging and subsistence shall not exceed the normal and usual amount
allowable by the Grantee for such costs under rules and policies applicable to
Grantees official business. In the event that Grantee has no established rule,
regulation, or policy regarding such expenses, the maximum payment and
allowable cost will be the current prevailing rates allowed for North Carolina state
employees. Any deviation from the aforementioned expense allowances must be
approved by the Grantor in writing before being incurred. Prior approval by the
NCDOCCJPP is required for aII out-of--state travel to be paid with grant funds,
except for any such trips specified is the approved plan and application.
H. Equipment and Other Capital Expenditures: The Grantee hereby certifies that a)
no other equipment owned by the Grantee- is available for the project; b) grant
funds will not be used to provide reimbursement for the purchase price of
equipment owned by the Grantee; c) if equipment is used for purposes other than
this project, the appropriate proration of costs to each .activity involved will be
effected; and d) the cost of equipment purchased with Grantee funds will be
reduced to the extent of resale/recovery value where use of such equipment for
carrying out the purposes of the grant project is discontinued either during the life
of the project or at the end of the grant period. Grant funds exceeding $20,000
may not be expended or committed for the acquisition or lease of automatic
data processing equipment, whether by outright purchase, rental purchase
agreement, or by other method purchase wiithout prior Grantor approval. The
Grantor shall not be obligated for any payments for equipment or other
. capital expenditures beyond the grant period.
III. Grant Reduction/Termination of Grant
A. Grant Reduction: In the event that any costs to be financed in whole or in part by
funds for this grant are disallowed, the Grantor may, in its sole .discretion: a)
reduce the amount of the grant by the amount of the ,cost that is disallowed; or b)
apply the amount of the cost that is disallowed to some other cost of the program or
project. The amount of any reduction in the grant award shall, in the discretion of
the Grantor, be immediately recoverable from the Grantee by the Grantor if the
grant award is reduced due :to disallowance of costs.
Page 9 ---July 1, 2009 to June 30, 2010
14
B. ~ Grant Termination: This grant may be terminated or fund payments suspended
by the Secretary of the North Carolina Department of Correction where there is a
failure to comply with the terms and conditions of the following:
a. the approved plan and application and attachments;
b. the grant award contract and specific conditions or requirements;
c. -any state or federal law to which compliance is required;
d:` any palici:es ofthe State of North Carolina or the NCDOCCJPP; or - - ~-- - - - ~- -
e. an audit report which includes audit exceptions not answered to the
satisfaction of the NCDOCCJPP.
Upon finding of failure to comply, the
Corrections shall follow the procedure
program (NC G.S.143B-273.8).
Director of the Division of Community
outlined in ~ the statute governing the
IV. Employee Activities
A. Conflict of Interest: No individual, public official, or employee of a state or unit of
local government to which a NCDOCCJPP fiznded project is awarded may
participate in an administrative decision with respect to the project if such a
decision can be expected to result in any benefit or remuneration, such as a
royalty, commission, contract, contingent fee, brokerage fee, dividend, or other
benefits or income to him:/her or any member of his/her immediate family.
B. Partisan Political Activity Prohibited: None of the funds, materials, property, or
services provided directly or indirectly under this grant shall be used for any
partisan political activity, to further the election or defeat of any candidate for
public office, or for publicity or propaganda purposes designed to support or to
defeat legislation pending before any legislative body, or a referendum or other
matter before the electorate.
V. Products/Income from Grants
A. Copyrights: Where activities supported by this grant produce original books, films,
computer programs or other copyrightable material, the Grantee may copyright
such, but the NCDOCCJPP preserves aroyalty-free, nonexclusive and irrevocable
license to reproduce, publish, and use such materials,-and to authorize others to
do so. Any royalties received from copyrights and patents during the grant period
shall be retained by the Grantee and incorporated into the grant budget.
B. Publications: The Grantee may publish, at its own expense, the results. of grant
activity without prior review by the NCDOCCJPP provided that any publication
(written, oral, or visual) contains an acknowledgment of the NCDOCCJPP support
and disclosure of the cost of each copy of the publication. The cost disclosure shall
state the total number of pieces published and the cost of each. At least on.e copy
of any such publication must, be fuxnished to the NCDOCCJPP, ettcept as
otherwise- requested -and-approved. Publication of documents or reports with .
grant funds beyond quantities required to meet standard report requirements must
be provided for in approved project plans or budgets or otherwise approved by the
NCDOCCJPP.
Page 10 ---July 1, 2009 to June 30, 2010
•~15
C. Publication Statements: The Grantee agrees that any publication (written, visual,
or audio, but excluding news releases, newsletters, and issue analyses) issued by
the Grantee or by any subcontractor describing programs or projects funded in
whole or in part with State funds, shall contain the following statement:
This project was supported by a grant provided by the NCDOCCJPP. Points of view
or opinions containedwithin this document are those of the author and do not
necessarily represent the official position or policies of the North Carolina
Department of Correction Criminal Justice Partnership Program.
The Grantee also agrees that one copy of any such publication will be submitted to
NCDOCCJPP to be placed on file and distributed as appropriate to other potential
Grantees or interested parties. The NCDOCCJPP may waive the requirement for
submission of any specific publication upon submission of a request providing
justification from the Grantee.
D. Project Income: All interest or other income earned by the Grantee with respect to
grant funds or as a result- of conduct of the grant project (contributions from public
or private sources, sale of publications, client fees, registration fees, service charges
on fees, medical or other insurance payments, divestment of property, disallowed
costs, etc:) must be accounted for in program records. All income must be reported
in .the NCDOCCJPP project income report, and if the project income report is
approved by the NCDOCCJPP, such income must be used to expand the scope of
services in the approved budget and project plan or -state funds must be reduced by
the amount of the interest or income earned.
E. Computerized system: If computer software is produced under a grant, the
Grantee agrees to make such available to NCDOCCJPP for transfer to authorized
users without cost other than directly associated with the transfer. Systems must
be documented iri sufficient detail to enable a competent data processing staff to
adapt the system, or portions thereof, to usage on a computer of similar size and
configuration, of any manufacturer. The Grantee further agrees to provide
complete copies of documentation to the NCDOCCJPP. Documentation will include
but not be limited to system description, operation instructions, user instructions,
program rriaintenance instruction, input forms, file description, report formats,
program listings and flow charts for the system and programs. The Grantee agrees
that whenever possible all application programs will be written in order that they
may be transferred readily to another authorized user. The Grantee agrees to avail
himself/herself, to the maximum practicable extent, of computer software already
produced and available.
Page 11 ---July 1, 2009 to June 30, 2010
16
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day, month
and year first above written.
North Carolina Department of Correction
. _ . -_. __ . Division of Community Corrections - .
Criminal Justice Partnership Program
(Seal) By
North Carolina Department of Correction Authorized Official
County(ies)of
(Seal) By
County Authorized Official
Confirmation of DECLINE of NCDOCCJPP grants funding for the grant period
of July 1; 2009 to June 30, 2010, as set forth herein.
(Seal) By
County Authorized Official
County(ies) of
Page 12 ---July 1, 2009 to June 30, 2010
17
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
THE FREEDOM HOUSE RECOVERY CENTER
THIS CONTRACT is made and entered into the _ day of , 2009 between Orange
County, North Carolina ("the County") and The Freedom House Recovery Center, Inc., a North
Carolina Non-Profit Corporation ("FH").
WHEREAS, the North Carolina Department of Correction Criminal Justice Partnership
Program ("CJPP") has awarded a North Carolina Department of Correction Criminal Justice
Partnership Program ("NCDOCCJPP") grant to Orange and Chatham Counties, North Carolina;
and
WHEREAS, the aforementioned Counties desire to use some portion of the
NCDOCCJPP grant to contract with FH to provide a continuum of care through a Resource
Center for individuals in the intermediate punishment population in Orange County and Chatham
County; and
WHEREAS, the FH Resource Center ("FHRC") desires to provide a continuum of care
for eligible Intermediate sanctioned offenders including Intensive Outpatient services, Detox,
Residential Placement, and Cognitive Behavior Intervention (CBI) Services.
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Term. This contract shall be effective for the period of July 1, 2009 through June 30, .
2010.
2. The FHRC agrees to provide services, as specified in Orange-Chatham Justice
Partnership CJPP Application for Funding, which is attached hereto as Exhibit A and
incorporated herein by reference ("CJPP Application"), to the CJPP-eligible. intermediate
punishment offender population in Orange County and Chatham County.
a. A CJPP-eligible intermediate punishment offender is defined as an adult offender
convicted of a misdemeanor or a felony offense who received anon-incarcerative
sentence of an intermediate punishment or who is serving a term ofpost-release
supervision after completing an active sentence of imprisonment.
b. District 15-B Department of Community Corrections shall make an initial
determination as to whether an individual is eligible to participate in the CJPP
program; Treatment Alternatives to Street Crimes ("TASC") will assess eligible
individuals in order to determine the services needed by these individuals and
refer these individuals ("Clients") as appropriate to the FHRC.
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3. FH agrees to provide Intensive Outpatient Treatment ("IOP") services to Clients, with
services being provided to Clients in groups of up to 30 Clients that meet at least three
evenings per week, for a period of at least three hours per group. Participants will also be
required to attend additional Alcoholics Anonymous and Narcotics Anonymous programs
at least two other evenings a week. It is estimated that approximately 60 Clients will
complete an anticipated length of stay in the program of approximately 120 days each,
depending upon their assessment.
4. In addition to IOP services, the FH also agrees to provide additional services to Clients
including:
a) Assessment
b) Support Services
c) Aftercare Services
d) Drug Screening
e) Detox and Halfway House Services
fJ Educational Services
g) Job Development, Housing and Life Skills Services
h) Domestic Violence Support and Counseling
i) Other services specified in the CJPP Application.
5. FH agrees that the County will retain ultimate control and responsibility for the services
performed under this contract. FH further agrees to be bound by and to in all respects
comply with the conditions set forth in the grant contract between NCDOC CJPP and the
County, which is incorporated by reference, as though it were the grantee under that
contract. A copy of the grant contract is attached as Exhibit B.
6. As a condition precedent to the effectiveness of this contract, FH shall submit to County
for the County's approval, at the County's sole discretion, an estimate of the
administrative costs ("Administrative Costs") associated with this contract and estimates
for the cost of services ("Cost of Services") that will be provided to the intermediate
punishment population. If, during the course of this contract, FH determines that the
agreed-upon Administrative Costs and Cost of Services need to be adjusted, FH shall
provide County with a written explanation of the circumstances surrounding the need for
an amendment. Under no circumstances will the County be required to pay higher rates
than those previously agreed upon without its prior written approval. Further, the overall
approval rests with the granting authority of the NCDOC CJPP administration.
7. Orange County, as lead fiscal county, agrees to reimburse FH on a monthly basis for the
Cost of Services up to, but to not exceed, $163,467 that FH provides to the intermediate
punishment population, and to reimburse FH for the Administrative Costs up to, but to
not exceed $10,000 associated with these services specified in the grant application
8. FH agrees that it will be responsible for maintaining records of all individuals to whom it
provides services. All Client records, papers, and other documents kept by FH
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that are obtained or created pursuant to this contract shall, be confidential and shall only
be disclosed as is provided for by law or as necessary for the full implementation of this
contract.
9. This contract may be terminated:
a. by either party, upon at least thirty (30) days notice by certified mail,
with return receipt requested or by written notice delivered in person
to, as to the County, Sharron Hinton, Orange County, 300 W. Tryon
Street, P.O. Box 8181, Hillsborough, North Carolina 27278, and as to
FH, Trish Hussey, 104 New Stateside Drive, Chapel Hill, North
Carolina, 27514;
b. at any time, for cause, in case of jeopardy to the Client or other failure
to comply with the requirements of this contract, upon notice to FH as
provided here (the cause shall be documented in writing to FH
detailing the grounds for termination);
c. by mutual consent of both parties, in writing. In the event of
termination in part, the parties shall continue the performance of this
contract to the extent not terminated. After receipt of a notice of
termination and except as otherwise directed by the County, FH shall
cease work under this contract on the date, and to the extent specified
in the notice of termination. The County shall pay FH the agreed upon
amount for the delivery of services under the terms of this contract up
to the effective date of termination. Payment shall not be made for
property or supplies purchased after the notice of termination is
received.
10. No employee of FH may participate in a decision with respect to choosing appropriate
services for offenders if such a decision can be expected to result in any benefit or
remuneration to the employee or any member of his/her immediate family.
11. FH will procure and maintain adequate insurance policies covering professional liability,
comprehensive general liability and worker's compensation in amounts required by State
law (and not less than one million dollars per claim and one million dollars aggregate for
professional and comprehensive general liability insurance) as necessary to insure that
FH and any and all individuals working with FH against any claim or claims for damages
arising out of personal injuries or death occasioned by FH, its principals, agents and/or
employees. FH will investigate any formal written complaints brought to its attention by
participants. FH will notify the County, in writing, of any such complaint and the County
will in turn notify the Orange-Chatham Justice Partnership. FH shall notify the County
of any cancellation or material change in insurance coverage, which takes effect during
the performance of this contract. If FH changes insurance providers during the
performance period of this contract, FH shall provide evidence that the County will be
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20
indemnified to the limits specified here for the entire performance period of this contract,
either under the new policy or a combination of old and new policies.
12. FH is responsible for its acts and the errors and omissions of its principals, agents,
officers, directors, employees, licensees, and invitees or other third parties that enter FH
premises. FH agrees to indemnify and hold harmless and defend the County from any act
or omission of FH, its principals, agents, officers, directors, employees, licensees, and
invitees or other third parties that enter FH premises, and FH agrees to indemnify the
County from any and all losses, damages, costs and expenses (including reasonable
attorney's fees) caused by or arising out of an act, omission, fault, negligence or other
misconduct of FH, its principals, agents, officers, directors, employees, licensees, and
invitees or other third parties that enter FH premises which occurs in connection with this
contract.
13. FH agrees to record all Administrative Costs and all Costs of Services provided to the
intermediate offender population following generally accepted fund accounting
procedures. To the extent allowed by law, FH agrees that the County may, at its sole
discretion, perform an annual audit of the project, which shall comply with the
requirements of the Single Audit Act of 1984 and be made available for inspection by the
County staff. The County, or any of its duly authorized representatives, shall, to the
extent allowed by law, have access for the purpose of audit and examination to any
books, documents, papers, and records that pertain to this project. To the extent allowed
by law, if as a result of inspection of the audit, any project expenditure is disallowed the
County may, at its sole discretion, reduce the amount of any expenditure under this
contract by the amount disallowed or demand repayment. FH agrees to submit program
activity information to the Information Management System (IMS) database of the
Criminal Justice Partnership Program immediately after each Client contact. FH further
agrees to maintain adequate documentation to support all costs billed to County pursuant
to this contract. Such records and supporting documentation must be retained and
available for audit purposes. Adequate documentation is defined as follows for each
major budget category:
a. Administrative: Documentation must include time and attendance records,
payroll periods, payment rate and a brief description of the services provided.
Reports must be signed by FH's Executive Director or his/her designee. This
requirement applies to all personnel paid from funds obtained by FH pursuant to
this contract.
b. Supplies and Other Operating Expenses and Equipment. Documentation must
include purchase order authorization and audited vendor invoices approved by
FH's Executive Director or his/her designee. FH further agrees to maintain a
current inventory of all County-owned equipment in its possession.
14. Title to all properly acquired in whole or in part with contract funds in accordance with
an approved budget and other requirements set by the County shall be held at all times by
the County and may not be reassigned. Such property must be marked as the property of
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21
the County with an appropriate tag or sign. FH shall exercise due caution in the use,
maintenance, protection, and preservation of such property during the contract period.
Upon the expiration of this contract, all County property shall be returned to County
within 10 working days.
15. Payment and Utilization of Funds
a. FH agrees that monies to be paid by the County are contingent upon receipt by the
County of a Criminal Justice Partnership Program (CJPP) grant for these services
from the North Carolina Department of Correction Criminal Justice Partnership
Program and the obligation of the County under this contract is reduced, dollaz for
dollar, by the amount of any reduction in the State grant.
b. The County agrees to reimburse FH for the .administrative costs and services provided
pursuant to this contract up to the amount of 174 467 for the period beginning July
1, 2009 and ending June 30, 2010.
FH shall invoice the County by the 10th business day of each month for contract
expenses paid in the previous calendar month. The County agrees to reimburse FH
for all reimbursable expenses invoiced by August 15, 2010. The invoice shall include
fees for all services provided by FH, including administrative fees. County shall pay
FH by check within thirty days.
d. In the event that FH expends any funds pursuant to this contract for the provision of
services to the intermediate offender population, and such funds are subsequently
determined by the North Carolina Department of Corrections Criminal Justice
Partnership Program to be non-reimbursable; such costs shall be considered non-
reimbursable by the County.
e. FH agrees that all payments made by the County on behalf of a member of the
intermediate offender population who is receiving services from FH shall be credited
towards the account of that offender. FH further agrees that if a member of the
intermediate offender .population is eligible for benefits from any private health
benefits plan or other government-sponsored health benefits plan, then FH shall only
invoice the County for that portion of the cost of services not reimbursed by such
other health benefits plan.
16. FH agrees to submit program activity information on a monthly basis to the Partnership
and the Division of Community Correction.
17. FH and the County understand that this contract in no way assures or implies
continuation of funding or the provision of services beyond the term of this contract.
18. FH is not an employee or agent of the County for any purpose including but not limited
to compensation for services, employee welfare and pension benefits, worker's
compensation insurance, or any other fringe benefits of employment.
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19. This contract contains the entire understanding of the parties and shall not be altered,
amended or modified except by an contract in writing executed by the duly authorized
officials of both parties.
20. The laws of the State of North Carolina govern the validity and interpretation of the
provisions, terms and conditions of the contract.
21. It is agreed that either parry's failure to insist upon the strict performance of any
provision of this contract or to exercise any right based upon a breach thereof, or the
acceptance of any performance during the breach, shall not constitute a waiver of any
rights assigned to that party under this contract.
IN WITNESS WHEREOF, Orange County has caused this contract to be signed in its name by
its Board of County Commissioners Chairperson, attested by the Clerk to the Board of
Commissioners„ and the Freedom House Recovery Center, Inc., has caused this contract to be
signed in its name by its Executive Director and all authority duly given, this the
day of 2009.
ORANGE COUNTY
By:
Valerie Foushee, Chair
Orange County Board of Commissioners
[COUNTY SEAL]
ATTEST:
Donna Baker
Clerk to the Orange County
Board of Commissioners
FREEDOM HOUSE RECOVERY CENTER, INC.
By:
Trish Hussey
Executive Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Finance Director, Gary Humphreys
This contract has been approved as to legal form by:
Annette M. Moore, Staff Attorney
6