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HomeMy WebLinkAboutNS Grant Criminal Justice Partnership Program Grant AcceptanceOl STANDARD GRANT AWARD CONTRACT AND CONDITIONS - (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 , 2003, between the North Carolina Department of Correction Criminal Justice Partnership Program, Grantor, and Orange-Chatham Grantee. WI=IEREAS, 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 $165,221 for the grant period of July 1, 2003 to June 30, 2004 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, 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. Page 1---July 1, 2003 to June 30, 2004 3 C. Audit and Inspection: The Grantee agrees to have performed an annual audit of the NCDOCCJPP-fitnded 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 NCD©CCJPP-funded program is part of the Grantee's annual single audit. Grantees receiving $300,000 or more in NCDOCCJPP liuidina 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 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 anv 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 la~v 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 fitnds. 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 Page 2---July 1, 2003 to June 30, 2004 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 ~.vritten verification of site approval before proceeding with the expenditure of any fluids for such a facility, except that a fee such as reasonable earnest money may be paid with prior wzitten approval of the ~'CDOCCJPP. Written notice of plans _ to locate a facility or program shall be provided b~~ 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. Iinplementation~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 accotmting 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. Personnel: Documentation must include time and attendance records, payroll periods, payment rate and a brief description of the service(s) provided. Tune 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 .apart of the annual grant submission or in subsequent program/budget amendment requests. Page 4---July 1, 2003 to June 30, 2004 1 including financial reports, through the month f'or which reimbursement is being requested. 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 remainingafter 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 follo~vina: 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 acc_ordance.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 inchided 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 awazd 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 allow ten working days for staff review and consideration. Budget amendments may not be made after Vlay 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 minim~un 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 Page 6---July 1, 2003 to June 30, 2004 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 sen~ices. 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 county's approved pay classification plan. 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 con-tamed within the narrative portion of the application and the approved budget and then only as to the cost therein designated as approved. All increases in county personnel salaries _ and other compensation must be implemented in accordance with the county's 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. 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 fiends 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 Grantee's plan or application. No funds may 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 fiends may not be committed for insurance or indenu7itication 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 contributions to a reserve for a self-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 Page 8---July 1, 2003 to June 30, 2004 B. Grant Termination: This grant may be terminated or fiord pa~~ments 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 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 NCDOCCJPP. Upon finding of failure to comply. the Director of the Division of Community Corrections shall follow the procedure outlined in the statute 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 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 fiirther 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 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 ~vithotit 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. Page 10---July 1, 2003 to June 30, 2004 13 IN WITNESS WHEREOF. the parties hereto ha~~e set their hands and seals the da_v. 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 J County(ies) of (Seal) By County Authorized Official Confirmation of DECL11iE of NCDOCCJPP grant funding for the grant period of July 1, 2003 to June 34, 2004, as set forth herein. (Seal) By County(ies) of County Authorized Official Page 12---July 1, 2003 fo June 30, 2004