HomeMy WebLinkAboutAgenda - 02-17-1998 - 8dORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. Sj-~
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 17, 1998
SUBJECT: CJPP Discretionary Grant Acceptance
DEPARTMENT: County Manager PUBLIC HEARING: YES: NO: X
BUDGET AMENDMENT: YES: X NO:
ATTACHMENT(S): NC Dept. of Correction INFORMATION CONTACT: Sharron Siler
Contract
TELEPHONE NUMBERS: ext. 2300
Hillsborough -732-8181
Chapel Hill -968-4501
Durham -688-7331
Mebane -227-2031
PURPOSE: To receive a discretionary grant award, in the amount of $245,880 from the NC
Department of Correction.
BACKGROUND: The Orange-Chatham Criminal Justice Partnership Program (CJPP) Advisory
Board has received approval for discretionary funding from the NC Department of Correction for the
period of January 1, 1998 to June 30, 1998. Discretionary funds, which are separate from the
implementation funds (Item 8-F), are intended for one-time rather than recurring costs.
CJPP discretionary funds will be used by the advisory board to:
(1) assist in the construction of a men's transitional housing project;
(2) contract for long-term residential treatment services; and
(3) implement program evaluation.
The men's transitional housing project, a joint effort with HOME funding, will provide transitional
housing for men sentenced to intermediate sanctions in the criminal justice system and in need of
substance abuse treatment. The County has been working with Freedom House, Inc., a local non-
profit agency, to develop an implementation plan for this six-bed facility. The men's housing facility
will be constructed on the. Freedom House property, adjacent to the current women's housing facility
and detox center (for males and females). Freedom House, located on Airport Road in Chapel Hill,
will provide services to CJPP-eligible participants from Orange and Chatham Counties. Program
services will be secured with the County via a performance agreement (Item 8-E).
The second component of the grant involves intensive residential self-help services for substance
abusers sentenced to intermediate sanctions. Triangle Residential Options for Substance Abusers
(TROSA) has been instrumental in providing these services to the CJPP client population. TROSA is
an alternative to incarceration and serves men and women age 18 and older. Located in Durham,
TROSA provides residents with a highly structured environment for a minimum of two years. A
contract with TROSA for these services will be presented to the BOCC at the March 4, 1997 meeting.
The third component, program evaluation, is a requirement of the grant award. The evaluation will
assess all CJPP initiatives, funded either through discretionary or implementation grant funds. Staff
is currently pursuing options with UNC for evaluation services.
RECOMMENDATION(S): The Manager recommends that the Board accept the grant award and
authorize the chair to sign.
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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 .199 ,between the
1~Torth Cazolina Department of Correction Criminal Justice Partnership Program,
Grantor, and OranQe'-Chatham county(ies), Grantee.
WHEREAS, the Grantor desires to awazd the Grantee a North Carolina Department of Correction
Criminal Justice Partnership Program (hereinafter referred to as `~ICDOCCJPP'~ 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 grrant in
the amount of S 245.880 for the grant period of
January 1. 1998 , to Jane 3d_ 1998 , 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' aszrreements, 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 rCDOCCJPP-funded activities.
B. Fiscal Regulations: The fiscal administration of `'rants shall be subject to such further
rules, regulations, and policies concerning accouiitinQ 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.§ 14;B and 143.
It is the further responsibility of the Grantee to be aware of all rules, regulations, laws and
policizs of the NCDOCCJPP, now eristin; 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-fimded project and submit a copy to the Office of State Auditor and make a
copy avai7abk localty 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. 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 resuh of inspection of the audit, any project expenditure is disallowed, the
NCDOCCJPP may is 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 as required by the NCDOCCJPP. The
Grantee agrees to provide regular progress reports according to the schedule and format
set by the NCDOCCJPP. Within thirty days after the end of the annual grant period,
s progress report must be filed with the NCDOCCJPP. Upon receipt, final payment
will be issued to the county or multi-county Grantee.
E. Release of Information: AIl 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 is 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
Brant award contract and conditions. This includes services provided to the Grantee by an
advisory board or nay advisory board committees or subcommittees, by vohutteers, by
state and Iocal 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 gtudelines covering
payment of indirect costs before agreeing to pay administrative costs with grant finds.
The Grantee shall provide one copy of any such written agreements or contract
Page 2---July 1, 1997 to June 30, 1998
documents to the NCDOCCJPP. The Grantee shall receive from NCDOCCJPP
written acknowledgment of receipt of such documents prior to the expenditure of
grant funds for the purposes of the agreement or contract.
H. ~~ Criminal Penalties: Whoever embe~les, v+n~lfiilly misapplies, steals or obtains by fraud
any fiords, 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 vY 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.
L Continuation of Funding: The Grantee understands that the awarding of any
NCDOCCJPP grant nm no way assures or implies continuation of fimdmg 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.
I{. ~ Title to Property: The title to all real or other property acquired or constructed in whole
of in part with grant fiords in accordance with an approved budget and other requirements
set by the Grantor shall beheld at aIl 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. Alt
items procured with NCDOCCJPP grant fiords must be the property ofthe Grantee, not
any of its employees or contractor. The Grantee shall exercise due caution in the use,
maintenance, protection, and preservation of such property during the period of project
use.
IfNCDOCCJPP fiords are spent for an approved renovation project, 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 rectal 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 fiords maybe 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
Page 3---July 1, 1997 to June 30, 1998
zoning ordinances in the jurisdiction in which the proposed facility or program wt11 be
located, the Grantee moist report this to the NCDOCCJPP before any fiords are expended,
in order that a procedure for gathering public input on the proposed facfiity or program
can be put into place.
The Grantee shaIl 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
fiords. The Grantee must provide written verification of site approval before proceeding
with the expenditure of any funds for such a facsht' y, except that a fee such as reasonable
earnest money may be paid wish prior written approval of the NCDOCCJPP. Written
notice of pleas to locate a fact7ity 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 responstbtlity of the Grantee to ensure that the Board(s) of County
CommissYOners 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 beheld as stated in III. K above.
IV. Operational Procedures
A. County Policies In Effect: The Grantee county shall manage the grant fiords 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 maybe authorized if requested and justified in writing during the initial sixty-day
period. Implementation includes hiriIIg of staff or expenditure of fiends 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
e~-penditures. 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:
Page 4---July 1, 1997 to June 30, 1998
1. Perso~eL• Documentation must include time and attendance records, payroll
periods, payment rate andaa brief description of the service(s) provided. Time.
Reports must be signed by the employee and supervisor. This requirement applies
to aIl personnel paid from NCDOCCJPP grant funds.
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.
Travel: Documentation must be detailed, to include date, destination,
mileage, reason for travel, and itemization of ezpenses. Receipts for parking,
tuition, registration, and lodging are required. Expense vouchers wdl include the
signature of the employee and-supervisor. Travel expenses shall not. exceed those
approved by the Grantee county.
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.
5. Construction and Renovation: Documentation must include contracts for services,
payme~ rate consistent with contractual arrangement, construction supply costs
and 'invoices, architectural plans (if appropriate), dates for start and completion of
projects, detailed bdliag 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
bamade on facrlr'ties constructed, renovated or acquired with NCDOCCJPP grant
fiends 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 eagended 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
wdl not be reimbursed unt>7 the Grantee submits its grant award contract signed by the
Page S---July 1, 1997 to June 30, 1998
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=appropriate official or officials. Project funds will be made available through a
reimbursement procedure as provided by NCDOCCJPP policies and procedures.
At no time shall the Grantee request or have on hand fiords 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 fiends remaining after the completion of a project as authorized in the
approved application will automatically revert to the NCDOCCJPP account for
unrestricted reaIlocation 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 actnzties, designs, or research plans set forth
in the approved application; b) changes or deviations which might aher the project scope
or intent; c) changes is 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 am accordance with provisions cited later is 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. Equipment not
included in the approved budget may not be purchased without prior approval of
NCDOCCJPP.
The Grantee may deviate from quantities of equipment items in the approved budget as
long as the total dollar amour ofthe 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 shaIl be
maintained in the pmject file by both the NCDOCCJPP and the Grantee. In changing the
approved budget is the coupe of a grant year, the Grantee may not transfer a cumulative
total of more than S 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.
Budget changes may not be made in the final forty-fi~~e days of the annual grant period.
and requests for approval of budget changes shall be made in time to allow tea working
days for staffreview and consideration. Transfers not requiring approval must be reported
in regularly required financial reports.
F. Procurement Standards and Procedures: Crrantees 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
Page 6---July 1, 1997 to June 30, 1998
be accomplished by obtaining adequate and effective competition to the maximum
practicable eztent 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 rystem 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 iacludmg 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 descnbed in the approved application shall be made
at the lowest possible reasonable price. The Grantee agrees to adhere to the foIlowitig
requirements is making such purchases: a) when the purchase wdl require more than
51,000 but less thaw 52,500, informal bids shall be awarded to the lowest responsible
bidder, taking into consideration quality, performance and the time specified for
performance, akhough if this requirement is in conflict with Grantee county policy, that
county policy maybe applied; b) aIl other purchases shall be made through the Grantee's
normal commercial purchasing procedures. The NCDOCCJPP reserves the right io
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 Ezpenditures: All expenditures must be made by June 30, 1998, in order to be
reimbursed from fiscal year 1997-98 funds. Encumbrances that result in payment in the
ensuing fiscal year wiIl be made with that year's funds. The Crrantee must request
reimbursement of funds spent in a grant year within ninety days after the last day of that
grant year. Any request for reimbursement made more than ninety days after the close of
the grant year will be paid from the subsequent year's grant fiords, if such funds are
available.
V. Allowablell~ion-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
Page 7---July 1, 1997 to June 30, 1998
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NCDOCC7PP. if the aIlowability 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 foIlowing: a)
items not part of the approved budget; b) indirect costs. The Grantee may not expend
fiords for the following unless specified in the Grantee's plan or application for fimdmg
and approved by the NCDOCCJPP: a) construction or renovation of a facility, structure or
building; and b) purchase of automobiles or vehicles. The Grantee may not expend grant
funds for tht foilowiag unless prior written approval separate from the Grantee's plan and
application is obtained from the NCDOCC3PP: a) purchase ofbuildings and associated
land or payment of real estate mortgages or taxes; b) purchase of raw land; c)
entertainmentr
C. Personnel: All ofthe 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
shaIl be fatly qualified and shall be authorized or permitted under federal, state, and local
taw to perform such services. Salary and other compensation for personnel engaged in the
work shaII 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 ser~•ices the competitive
bidding process wr~l 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 the competitive bidding
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 and utilize competitive bidding before e~cpending 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
responssbility for securing from CJPP such Quidelines before entering into contracts for
services.
A copy of the proposed contract must be submitted for consideration during the
NCDOCCJPP review of the Grantee's plan or application. No funds shall be
expended for the purposes of a contract prior to written acknowledgment of receipt
of a copy of the signed contract by NCDOCCJPP. Upon signing of an approved
Page 8---July 1, 1997 to June 30, 1998
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contract by the Grantee a dated copy will be submitted to the NCDOCCJPP to be
placed in the project file and funds for the contractual category will be made
available for reimbursement purposes.
E. ,~ Insurance and Indemnification: Grant funds may not be committed for insurance or
indemnification expenses unless the Grantee's 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 contnbutions to a reserve
for aself-insurance program. Grant funds may not be requested by the Grantee if any
expenditures are to be made for ~*+~~nce 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.
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 Grantee's official
business. In the event that Grantee has no established Wile, regulation, or policy regarding
such expenses, the mazimum payment and allowable cost will be the current
prevailing rates allowed for North Carolina state employees. Any deviation from the
afore described expense aIlowances must be approved by the Grantor in writing before
being incurred. Prior approval by the NCDOCCJPP is required for all out-of--state
travel to be paid with grant funds, except for any such trips specified in 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
Page 9---July 1, 1997 to June 30, 1998
IZ
- ezceeding S20,000.00 may not be ezpended or committed for the acquisition or tease
of automatic data processing equipment, whether by outright purchase, rental
purchase agreement, or by other method purchase without prior Grantor approval.
The Caantor shaIl not be obligated for any payments beyond the grant period
VL Grant Reduction~ermination of Grant
A. Grant Redaction: 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; orb) apply the amount of the
cost that is disallowed to some other cost of the program or project described in Condition
II C. 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,
B. Grant Termination: This groat maybe terminated or fund payments suspended by the
Secretary of the North Carolina Department of Correction where there is a Endure to
comply with the teems and conditions of the following:
a. the approved plan and application and attachments;
b. the grant award contract and specific conditions;
c. any state or federal law to which compliance is required;
d. any policies of the State of North Carolina or the NCDOCCJPP; or
e." an audit report which includes audit exceptions not answered to the satisfaction of
the Executive Director of the NCDOCCJPP.
Upon finding of fafiure to comply, the Executive Director of the Criminal Justice
Paroaership Program shall follow the procedure outlined in the statue governing the
program (NC G.S. § 143B-273.8).
vII. Employee Activities
A. Conflict of Interest: No individual, public official, or employee of a state or unit of local
government to which a NCDOCCJPP funded project is awarded may participate in an
administrati<re decision with respect to the project if such a decision can be expected to
resuh is say benefit or remuneration, such as a royalty, commission, contract, contingent
fee, brokerage fee, dividend, or other benefits or income to himlher 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 fiuther the election or defeat of any candidate for public office, or for
Page 10---July 1, 1997 to June 30, 1998
13
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.
VIQ. 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, nonexchrsive 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 shaIl be retained by.
the Grantee and incorporated into the grant budget.
B. Publications: The Grantee may publish, at its own expense, the resuhs 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, ezcept 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 descnbing programs or projects fiinded in whole or in part with
State fiords, shall contain the foIlowing statement:
`°This project was supported by a grant provided by the NCDOCC]PP. 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
NCDOCC]PP to be placed on file and distnbuted 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: A11 interest or other income earned by the Grantee with respect to grant
fiords or as a result of conduct of the grant project (contnbutions 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
Page 11---July 1, 1997 to June 30, 1998
I4
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
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
rystem 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 a~ees that whenever possible all application
programs will be written in order that they may be transferred readily to aaother
authorized user. The Grantee agrees to avail himselfniersel~ to the maadmum practicable
extent, of computer software already produced and available.
LN V47TNESS NHEREOF, 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 Program
(Seal) By
(Seal} By
Duly Authorized Official or Executive Director
Count}~(ies) of
Duly Authorized Official
Paae 12---July 1, 1997 to June 30, 1998