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HomeMy WebLinkAboutAgenda - 08-22-1995 - VIII-J t ► 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.—k=--.J- ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 1995 SUBJECT: Orange/Chatham Criminal Justice Partnership Program Grant Acceptance — DEPARTMENT: County Manager PUBLIC HEARING: YES: NO: X AWAC MENM:---------- IWC7r----------- Contract - NC Dept. of Manager's Office - ext 2300 Correction/CJPP TELEPHONE NUMBER - Hillsborough -732-8181 Chapel Hill -968-4501 Mebane -227-2031 Durham -688-7331 I o accept tae grant award-From tYe NM Department`of �orrect on Vitae implementation of the Orange-Chatham Criminal Justice Partnership Program. BACKGROUND: Ratified House Bill 281 provides grant funds to counties to develop community-based correction programs to appropriately address criminal behavior, provide effective rehabilitative services and to expand sentencing options for offenders receiving non-incarcerative sentences. At the May 16, 1995 BOCC meeting, the Board approved acceptance of the initial contract for services through June 30, 1995. Funds totalling $45,486 were used to initiate a pre-trial release program and to contract for substance abuse residential treatment services. The state has approved the application for continuation of the program. Additional funding totalling $181,841 is available for the period July 1, 1995 through June 30, 1996. These funds will be used to implement the pre-trial release program and to provide a comprehensive substance abuse program for persons sentenced to intermediate sanctions. Both programs will be administered on a contractual basis and funded solely by partnership funds. RECOMMENDATION(S): The Manager recommends that the Board accept the grant award and authorize the manager, if necessary, to make minor changes to the contract within the approved contract amount. 2 NORTH CAROLINA DEPARTMENT OF CORRECTION CRIMINAL JUSTICE PARTNERSHIP PROGRAM Mailing address:PO Box 29540,Raleigh,North Carolina 27626-0540,(919)715-2635 Overnight mail address:214 West Jones Street,North Carolina 27603 IMPLEMENTATION GRANT AWARD Effective Date: T,ily 1 1995 Grantee: Orange/Chatham Multi County Authorizing Official: Name: Moses Carev & Uva Holland Title Co-Chairs, Orange/Chatham County Board of Commissioners Address: P.O. Box 8181 Hillsborough, NC 27278 Grant Period: July 1, 1995 - June 30, 1996 TOTAL BUDGET AUTHORIZED: $181,941 In accordance with the provisions of NC GS 143B-273 and on the basis of the Grantee's Criminal Justice Partnership and application fc_ _'iscretionary funds, the Department of Correction hereby awards to the foregoing Grantee an award in the amount above. i ture of Executive Director Signature of Authorizing County Official Criminal Justice Partnership Program v Nancv C. Lowe Typed Name of Executive Director, CJPP Typed Name of County Authorizing Official 6ate Date This Award is subject to the attached Grant Award Contract and Conditions. 3 STANDARD GRANT CONTRACT AND CONDITIONS (Implementation and Discretionary Funds) North Carolina Department of Correction Criminal Justice Partnership Program THIS GRANT AWARD CONTRACT is made and entered into this day of 1995, between the North Carolina Department of Correction Criminal Justice Partnership Program, Grantor, and county(ies), Grantee. WHEREAS, the Grantor desires to award the Grantee a Criminal Justice Partnership Program grant, and the Grantee desires to accept said grant, upon the terms and conditions hereinafter set forth: NOW, THEREFORE, IT IS MUTUALLY agreed as follows I. The Grantor pursuant to the NC G.S.§143 B hereby awards a Criminal Justice Partnership Program grant in the amount of$ 181,941 for the grant period of July 1, 1995 -June 30, 1996, to become effective as set forth below. II. The Applicant/Grantee covenants and agrees that a grant received as a result of submission of a North Carolina Department of Correction Criminal Justice Partnership Program plan and application shall be subject to and incorporate the following conditions, rules, regulations, and policies of the North Carolina Department of Correction Criminal Justice Partnership Program (CJPP). The Grantee shall include provisions appropriate to carry out the purposes of these conditions in all contracts of employment, consu"ltant'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. Non-Supplanting Stipulation: The Grantee agrees that funds paid pursuant to this contract will not be used to supplant or replace federal, state or local funds otherwise available for related criminal justice 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 North Carolina Department of Correction Criminal Jistice Partnership Program 1 4 Department of Correction Criminal Justice Partnership Program, now existing or hereafter promulgated or amended, pertaining to the administration of programs and projects funded by the North Carolina Department of Correction Criminal Justice Partnership Program C. Audit and Inspection: The Grantee agrees to conduct an annual audit of the North Carolina Department of Correction Criminal Justice Partnership Program funded project and submit a copy to the Office of State Auditor and to the North Carolina Department of Correction Criminal Justice Partnership Program The North Carolina Department of Correction Criminal Justice Partnership Program, 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 North Carolina Department of Correction Criminal Justice Partnership Program may in its sole discretion reduce the amount of the grant award by the amount disallowed. D. Reporting Requirements: The Grantee agrees to submit financial reports, monitoring/evaluation reports and/or information as required by the North Carolina Department of Correction Criminal Justice Partnership Program The Grantee agrees to provide regular progress reports according to the schedule set by the North Carolina Department of Correction Criminal Justice Partnership Program Within thirty days after the end of the annual grant period, a progress report must be filed with the North Carolina Department of Correction Criminal Justice Partnership Program. Upon receipt, final payment will be issued to the county or multi-county. 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 the North Carolina Department of Correction Criminal Justice Partnership Program 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. 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 North Carolina Department of Correction Criminal Justice Partnership Program, 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 2 5 Criminal Justice Partnership Act or in any record required to be maintained pursuant to this contract, shall also be subject to prosecution. H. Continuation Funding: The Grantee understands that the awarding of any North Carolina Department of Corrections Criminal Justice Partnership Program grant in no way assures or implies continuation of funding beyond the project duration indicated on the grant contract. I. Third Party Participation: A contract or agreement may be entered into by the Grantee for execution of North Carolina Department of Correction Criminal Justice Partnership Program project/program activities or provision of services to a North Carolina Department of Correction Criminal Justice Partnership Program grant project which are incorporated in the approved application. Any such arrangements shall provide that the Grantee will retain ultimate control and responsibility for the project and that the contractor shall be bound by these conditions as well as the Grantee. In any case, where the Grantee enters into a contract with third parties, and when such contracts are not contrary to law,the North Carolina Department of Correction Criminal Justice Partnership Program shall not be obligated or liable for any breaci of contract or other action in law to any party other than the original Grantee. The Grantee shall provide to the North Carolina Department of Correction Criminal Justice Partnership Program one copy of contract documents prior to the expenditure of grant funds. 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 property acquired in whole or in part with grant fimds in accordance with an approved budget shall vest in the firantee, subject to divestment at the option of the North Carolina Department of Correction Criminal Justice Partnership Program where its use for project purposes is discontinued. Grantees should exercise due caution in the use, maintenance, protection, and preservation of such property during the period of project use. IV. Operational Procedures A. Implementation of Project Within Sixty days: The Grantee agrees to implement North Carolina Department of Correction Criminal Justice Partnership Program projects within sixty days following the grant contract effective date, except as provided below or be subject to automatic cancellation of the grant. A thirty day extension may be authoriaied if requested and justified in writing during the initial sixty day period. 3 6 B. 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 for all project costs, must be maintained. Such financial records and supporting documentation must be retained and available for audit purposes for three years. 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. Time Reports must be signed by the employee and supervisor. This requirement applies to all North Carolina Department of Correction Criminal Justice Partnership Program project personnel paid from grant funds. 2. Contractual Services: For individual consultants, documentation must include time and attendance reports showing time period, payment rate, hours per day and service(s) provided. Documentation must be signed by the consultant 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,round trip 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. 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,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. C. Payment and Utilization of Funds: Funds awarded are to be expended only for purposes and activities covered by the Grantee's approved project plan and budget. Project funds may not be expended 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 4 7 hereof. Project funds will be made available through a reimbursement procedure as provided by the North Carolina Department of Correction Criminal Justice Partnership Program policy and procedure. 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 North Carolina Department of Correction Criminal Justice Partnership Program. The balance of grant funds remaining after the completion of a project as authorized in the approved application will automatically revert to the North Carolina Department of Correction Criminal Justice Partnership Program account for unrestricted reallocation by the North Carolina Department of Correction Criminal Justice Partnership Program as provided for in the Criminal Justice Partnership Act. D. Grant Adjustment: The grantee must obtain prior written approval from the North Carolina Department of Correction Criminal Justice Partnership Program 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 grant adjustments are to be submitted on the Grant Adjustment Request Form. Equipment not included in the approved budget may not be purchased without prior approval of the North Carolina Department of Correction Criminal Justice Partnership Program. 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, provided written notification is submitted to the North Carolina Department of Correction Criminal Justice Partnership Program prior to purchase. This notification should be maintained in the project file by both the North Carolina Department of Correction Criminal Justice Partnership Program and the Grantee. In changing the approved budget, the Grantee may not transfer a cumulative total of more than$2,500.00 in the course of a grant year, between or among the major budget categories, without prior approval of the North Carolina Department of Correction Criminal Justice Partnership Program Transfers not requiring approval must be reported in regularly required financial reports. Grantees may not add to the specified equipment list without prior approval of the North Carolina Department of Correction Criminal Justice Partnership Program E. 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 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 5 8 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. F. 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; (b) all other purchases shall be made through the Grantee's normal commercial purchasing procedures. The North Carolina Department of Correction Criminal Justice Partnership Program 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 automobiles 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. 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 allowability and standards set by the North Carolina Department of Correction Criminal Justice Partnership Program. 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 Grantees may not expend grant funds for the following: (a)items not part of the approved budget;(b)purchase of land;(c)purchase of buildings or payment of real estate mortgages or taxes,unless specifically provided for in the grant agreement;(d) entertainment;(e)purchase of automobiles or other automotive vehicles unless provided for in the grant agreement;(f) construction unless specified in the grant agreement; or(g)indirect costs. 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. 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 6 1 9 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: With the exception of personal service contracts, written approval of the North Carolina Department of Correction Criminal Justice Partnership Program is required to contract for services. The Grantee assures that in any CJPP program or project requiring the procurement of contractual services of organizations the competitive bidding process will be used. A copy of the proposed contract must be submitted to the North Carolina Department of Correction Criminal Justice Partnership Program for approval. Upon signing of said contract a dated copy will be submitted to the North Carolina Department of Correction Criminal Justice Partnership Program to be placed in the project file and funds for the contractual line item will be made available for reimbursement purposes. E. Insurance and Indemnification: Grant funds may not be committed for insurance or indemnification expenses unless the grant budget and application certifies 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 certification cannot be made unless complete details and justification have been submitted to the North Carolina Department of Correction Criminal Justice Partnership Program and prior approval has been granted. F. Rent/Lease of Space of 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. 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 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 afore described expense allowances must be approved by the Grantor in writing before being incurred. Prior approval by the North Carolina Department of Correction Criminal Justice Partnership Program is required for all out-of-state travel to be paid with grant funds. 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 7 10 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 (during the life of the project). Grant funds exceeding $20,000.00 may not be expended or committed for the acquisition of automatic data processing equipment, whether by outright purchase, rental purchase agreement, or by other method purchase without prior Grantor approval. VL Grant Reduction/Termination of Grant A. Grant Reduction: In the event that any costs to be financed in whole or in part by fiinds 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 described in Condition Il 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: (1) 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; (c) any state or federal law to which compliance is required; (d) any policies of the North Carolina Department of Correction Criminal Justice Partnership Program; or (e) an audit report which includes audit exceptions not answered to the satisfaction of the Executive Director of the Criminal Justice Partnership Program (2) Upon such finding,the Executive Director of the Criminal Justice Partnership Program shall follow the procedure outlined in the statue governing the program(NC G.S.§14313-272.8). VII. Employee Activities A. Conflict of Interest: No individual, public official, or employee of a state or unit of local government to which a North Carolina Department of Correction Criminal Justice Partnership Program funded project is awarded may participate in an administrative 8 11 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, 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. VI L 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 North Carolina Department of Correction Criminal Justice Partnership Program preserves a royalty-free,non-exclusive 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 North Carolina Department of Correction Criminal Justice Partnership Program provided that any publication(written, oral, or visual) contains an acknowledgment of the North Carolina Department of Correction Criminal Justice Partnership Program support. At least one copy of any such publication must be furnished to the North Carolina Department of Correction Criminal Justice Partnership Program, except as otherwise requested and approved. Publication of documents or reports with grant fiords beyond quantities required to meet standard report requirements must be provided for in approved project plans or budgets or otherwise approved by the North Carolina Department of Correction Criminal Justice Partnership Program. 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 subgrantee describing programs or projects funded in whole or in part with State fiords, shall contain the following statement: "This project was supported by Grant# provided by the North Carolina Department of Correction Criminal Justice Partnership Program. 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." 9 1.2 The Grantee also agrees that one copy of any such publication will be submitted to North Carolina Department of Correction Criminal Justice Partnership Program to be placed on file and distributed as appropriate to other potential Grantees or interested parties. The North Carolina Department of Correction Criminal Justice Partnership Program 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(sale of publication, registration fees, service charges on fees, etc.)must be accounted for in program records. All income must be applied to project purpose in the approved budget or state funds must be reduced by the amount of project income. E. Computerized system: If computer software is produced under a grant, the Grantee agrees to make such available to North Carolina Department of Correction Criminal Justice Partnership Program 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 North Carolina Department of Correction Criminal Justice Partnership Program. 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 maximum extent practicable, of computer software already produced and available. 10