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HomeMy WebLinkAboutAgenda - 06-22-1998 - 8oI ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.g —d ACTION AGENDA ITEM ABSTRACT Meeting Date: June 22, 1998 SUBJECT: CJPP Grant Acceptance FY 1998 -99 DEPARTMENT: County Manager PUBLIC HEARING: YES: NO: X BUDGET AMENDMENT: YES: X NO: ATTACHMENT(S): Contract: NC Dept. of Correction INFORMATION CONTACT: Sharron Siler TELEPHONE NUMBERS: ext. 2300 Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To receive implementation grant funds totaling $181,941 from the NC Department of Correction. BACKGROUND: The NC Department of Correction has approved the annual grant proposal submitted by the Orange /Chatham Criminal Justice Partnership Program (CJPP) Advisory Board. The purpose of this award is to continue operations of the two implementation programs identified by the advisory board. These programs include: (a) the Pre -Trial Release Program, which addresses jail overcrowding by moving inmate- related data expeditiously through the criminal justice system; and (b) a Sanctions Center, which serves as a special condition of probation. This center, scheduled to open in early July, will provide offenders with individual treatment plans designed to enhance their success with probation. Both programs are operated through contractual agreements with a local non - profit agency. RECOMMENDATION(S): The Manager recommends that the Board accept the grant award and authorize the chair to sign contingent upon staff review. 2 STANDARD GRANT AWARD CONTRACT AND CONDITIONS (Implementation and Discretionary Funds) North Carolina Department of Correction Criminal Justice Partnership Program THIS GRANT AWARD CONTRACT IS MADE AND ENTERED INTO this day of June , 1998, between the North Carolina Department of Correction Criminal Justice Partnership Program, Grantor, and Orange- Chatham county(ies), 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 S 181,941 for the grant period of July 1, 1998 to June 30. 1999 , to become effective as set forth below. 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, consultants' 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. Non - Supplanting Stipulation: 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. 3 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. Grantees 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 Auditor's office, or any of their duly authorized representatives, shall have access for the purpose of audit and examination 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 novation, 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. In 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. Page Z- - -July 1, 1998 to June 30, 1999 4 The Grantee shall provide one copy of any such written agreements or contract documents to the NCDOCCJPP in the Grantee's annual community corrections plan or in any amendments involving the same. Approval of the Grantee's annual community corrections plan or plan amendments shall constitute approval of agreements or contracts contained therein. 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 Funding: 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 Grantor's 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. Page 3-- -July 1, 1998 to June 30, 1999 5 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. If 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. The Grantee shall be responsible for providing sufficient 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 may be 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. Further, title to any property must be held as stated in III. K. above. IV. Operational Procedures A. County Policies In 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 Within 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 funds as stated in the budget of an approved NCDOCCJPP plan or application. C. Accounting Requirements: 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 Page 4- - -July 1, 1998 to June 30, 1999 6 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: Personnel: 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. 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. 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. Page 5 -- -July 1, 1998 to June 30, 1999 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 conditions set forth as a checklist in the award letter. This checklist of conditions 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 tenth day of each month for the expenditures of the preceding month. 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. No payment of funds shall be made to Grantee during any period of time within which the Grantee is in default on filing any informational or financial reports required by the NCDOCCJPP. The balance of grant funds remaining after the completion of a project 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 Adjustment: 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 Form. No equipment purchases or salary increases not included in the approved budget may be made without prior approval of NCDOCCTPP. 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 101/b 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, conditions and requirements in the grant award, and all portions of the grant Page 6- - -July 1, 1998 to June 30, 1999 8 contract. Requests for approval of budget amendments shall be made in time to allow ten working days for staff review and consideration. Budget amendments may not be made after May 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 action including 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 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 Grantee's normal 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. Page 7- - -July 1, 1998 to June 30, 1999 9 H. Year -End Expenditures: All expenditures must be made by June 30, 1998, in order to be reimbursed from fiscal year 1997 -98 funds. The Grantee must request reimbursement of funds spent in a grant year by August 15 following the last day of that grant year. Any request for reimbursement made after August 15 will be paid from current year grant funds, if such funds are available. Additionally, each Grantee shall submit by May 15 of each year a summary of projected current grant year expenditures for implementation and discretionary funds. V. 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 allcwability 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 Grantee's 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 Grantee's plan and application is obtained from the NCDOCCJPP: a) purchase of raw land or b) entertainment. C. Personnel: All of the duties and services rendered or performed in the activity of this project will be under the Grantee's 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 personnel engaged in the work shall be based on established county personnel policies covering qualifications, job descriptions, and salaries for existing or comparable positions. Personnel costs shall not be allowable as costs to be financed 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 then only as to the cost therein designated as approved. 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. In the case where the county opts not to use a competitive process and the cost of contractual services exceeds the range of typical rates for 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. Page 8- - -July 1, 1998 to June 30, 1999 12 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. VIII. 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 a royalty -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 one copy of any such publication must be furnished to the NCDOCCJPP, except 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. C. Publication Statements: The Grantee agrees that any publication (written, visual, or audio, but excluding news releases, newsletter, 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 contained within 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 must accounted for in program records. All income must be reported in a proposed budget amendment, and if the budget amendment is approved in writing by the NCDOCCJPP, such income must be used to expand the scope of services in the approved budget and Page 11 -- -July 1, 1998 to June 30, 1999 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 in 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 maintenance 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 ma: -cimum practicable extent, of computer software already produced and available. 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, Criminal Justice Partnership Proaram (Seal) By County(ies) of (Seal) By North Carolina Department of Correction Authorized Official County Authorized Official Page 12- - -July 1, 1998 to June 30, 1999 13