HomeMy WebLinkAboutAgenda - 09-05-2000-8eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2000
Action Agenda
Item No. $~~
SUBJECT: CJPP Grant Acceptance - FY 2000-2001
DEPARTMENT: County Manager
PUBLIC HEARING: (Y!N) No
ATTACHMENT(S):
Contract: NC Dept. of Correction
INFORMATION CONTACT:
Sharron Hinton, ext. 2300
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive Criminal Justice Partnership Program (CJPP) 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 Justice Partnership Advisory Board. The purpose of this
award is to operate programs, identified by the advisory board, which address offenders
sentenced to intermediate sanctions.
Currently the advisory board supports the pre-trial release program. This program addresses
jail overcrowding by moving inmate-related data expeditiously through the criminal justice
system. The pre-trial release program is administered, through contractual arrangements, by
Orange-Chatham Alternative Sentencing.
In an effort to ensure an efficient use of resources, the remaining funds, which were previously
targeted to a satellite substance abuse center, will be distributed to various non-profit agencies
in the community.. The advisory board seeks to support a continuum of services for this
population and is positioned to contract with existing resources in Orange and Chatham
counties. Contracts for all providers will be submitted for BOCC approval at a later date.
FINANCIAL IMPACT: Program services are primarily provided through CJPP grant funds. The
county currently contributes approximately $3000 towards the pre-trial release program.
RECOMMENDATION(S): The Manager recommends that the Board accepts the grant award
and authorizes the chair to sign contingent upon staff review.
STANDARD GRANT AWARD CONTRACT A'~TD CONDITIONS z
Implementation Funds
North Carolina Department of Correction
Division of Community Corrections
Criminal Justice Partnership Program
THIS GRANT AWARD CONTRACT IS MADE AND ENTERED 1NT0
this day of , 2000 , between the North Carolina
Department of Correction Criminal Justice Partnership Program, Grantor, and
Orange-Chatham____ Counties, 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 $1_81.941 for the grant period of J~,,~1.2000 to June 30, 2001, to become effective as set
faith below.
II. The Grantee covenants and agrees that a grant awadded 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 far 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 awaze 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.
C. Audit and lnspection: The Grantee agrees to have performed an annual audit of the 3
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 ifthe NCDOCCJPP-funded program is part of the Grantee's annual single audit.
Grantees receiving $00,000 ar 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 far 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 NCDOCCJFP 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 fmancial reports,
monitoring/evaluatianrepnrts and/or information in writing or electrotically as required by
the NCDOCCJPF. The Grantee agrees to provide regular progress reports according to the
schedule and format set by the NCDOCCJPP.
E. Release of Information: All non-client records, papers, and other documents kept by the
Grantee and any contracts under the grant relating to the receipt and disposition of
NCDOCCJPP funds are required to be made available under the terms and conditions of
applicable state regulations. These records must be kept on file for three years following the
close of each annual grant period.
F. Assignment of Interest: The Grantee shall not assign any interest in this grant agreement
and shall not transfer any interest, whether by assignment or notation, without the prior
written consent of the Grantor thereof, except as specified herein.
G. Third Party Participation: The Grantee may enter into a contract or agreement for
execution of NCDOCCJPP project activities or for provision of services described in the
approved NCDOCCJPP plan or application. Any such contracts or agreements shall provide
that the Grantee will retain ultimate control and responsibility for the project and that the
service provider or contractor shall be bound by the Grantee's NCDOCCJPP grant award
contract and conditions. This includes services provided to the Grantee by an advisory board
or any advisory boazd 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 NCDOCCTPP shall not be obligated or liable for any breach of contract or other action
in law to any party other than the original Grantee.
The Grantee is responsible for acquiring and following NCDOCCJPP guidelines covering
payment of indirect costs before agreeing to pay administrative costs with grant funds.
The Grantee shall provide one copy of any such written agreements or contract
documents to the NCDOCCJPP in the 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 4
and- funds, assets, or property from a grant, whether received directly or indirectly from the
\CDOCCJPP, 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
rzquired 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. Zti'ai<-er: It is agreed that the Grantor's failure to insist upon the strict performance of any
pro~-ision 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
b~- 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 transferor 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
«ith 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.
If1CDOCCJPF 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
properly stating the form in which the cost of said renovations will be repaid to the Grantee.
Vin. example is waiver of lease or rental payments during the period in which the cumulative
amount of such payments equals the cost of the renovation.
L. Selection of Facility Site: No grant funds may be expended for the purpose of purchasing,
constructing or remodeling a facility or locating a program unless all necessary local land use
ordinances amd permits have been met and the facility approved fox 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 pubic input on the proposed facility or program can be put into place.
The Grantee shall be responsible far providing sufficient notification and review of a
particular'site for a facility or pragram 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 Cammissioners in the county in which the proposed facility ar program is to be
located. A copy of this notice shall also be provided to the Grantor.
It : the specific responsibility of the Grantee to ensure that the Board(s) of County 5
C~--:~issianers aid any local government body with authority over the Grantee county or
- - -- the ; urisdiction in which the facility or program is to be located approves of the use of a
pa~cular site for any operations paid for in whole or in part by NCDOCCJPP funds.
F~;-er, 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 grogram operation and all grant fund expenditures are carried out under the fiscal policies
of ~:~ Grantee county, except where otherwise provided for in this contract.
B. Implementation of Project Within Sixty Days: The Grantee agrees to implement
1\C~OCCJPP projects within sixty days following the grant contract effective date, except
as ~-ovided belo«- or be subject to automatic cancellation of the grant.. An extension may
be }uthorized if requested and justified in writing during the initial sixty-day period.
Im~ementation includes hiring of staff or expenditure of funds as stated in the budget of an
ap~:o~-ed NCDOCCJPP plan or application.
C. Accounting Requirements: Grantee agrees to record all project costs following generally
aaepted fund accounting procedures. A separate account number or cost recording system
mu=~t separate all project costs from the Grantee's other or general expenditures. Adequate
do:T.~mentation must be maintained for all project expenditures and commitment of funds.
Sucb fmancial records and supporting documentation must be retained and available for audit
pu. doses for three years following the end of the grant period. Adequate documentation is
det?ned as follo~;-s for each major budget category:
1. Perso~anel: 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 ~ti-ith 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.
;. Travel: Documentation must be detailed, to include date, destination, mileage,
reason far 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
CJPF funds must be documented on a travel log and kept available for reviewing
during monitoring visits.
4. Supplies and Other Operating Expenses and~lJquipment: Documentation must
include purchase order authorization, audited vendor invoices approved by the 6
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.
S. 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 ar renovation performed
by or for the Grantee shall be made according to local rules and policies governing
such activities, for example building permits. Payment of rent shall not be made on
facilities constructed, renovated or acquired with NCDOCCJPP grant funds without
prior written approval from NCDOCCJPP.
D. Pa~-ment and Utilization of Funds: Funds awazded are to be expended only for purposes
and activities covered by the Grantee's approved NCDOCCJPP plan or application budget.
Project funds may not be expended or committed prior to the grant contract effective
date. Project funds disbursement is subject to completion of requirements set forth as a
checklist in the awazd letter. This checklist of requirements is incorporated by reference and
made a part hereof. Project funds may not be expended and will not be reimbursed until the
Grantee submits its grant award contract signed by the appropriate official or officials.
Praiect 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. Project funds
ma`- not be expeaded and will not be reimbursed until the Grantee has entered all
required offender data into the NCDOCCJPP Information Management System (IlV)CS)
and has fully complied with all other NCDOCCJPP reporting requirements, including
financial reports, through the month for which reimbursement is being requested.
At no time shall the Grantee request or have on hand funds in excess of the amount necessary
for exTenditure within the next ninety days. 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
«-ith 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 Farms. No
equipment purchases or salary increases not included in the approved budget may be
made without prior approval of NCDOCCJPP.
The Grantee may deviate from quantities of equipment items in the approved budget as ~
long as the total dollar amount of the equipment budget is not exceeded and the equipment
is being purchased at the lowest possible reasonable price, provided written notification
is submitted to the NCDOCCIPP prior to purchase. This notification shall be maintained in
the project file by both the NCDOCCJPP and the Grantee. In changing the approved budget
in the course of a grant year, the Grantee may not transfer a cumulative total of more than
$10,000 or 10% of the total award amount, whichever is less, without prior approval of the
NCDOCCJPP. This applies to transfers between, among or within the major budget
catesories. All changes in the approved budget must comply with CJFP 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 May 15 of
the annual grant period. Transfers not requiring approval must be reported in regulazly
required financial reports.
F. Procurement Standards and Procedures: Grantees shall meet the minimum requirements
for procurement standazds and procedures contained in State law as further limited in this
pazagraph. 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 cast"
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
$2,00, informal bids shall be awazded 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 aze 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.
g. I"ear-End Expenditures: All expenditures must be mad"e by June J0, 2001 in order to be $
reimbursed from fiscal year 2000-O1 funds. The Grantee must request reimbursement of
funds spent in a rant year by August 1~ 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 1~
of each year a summary of projected current grant year expenditures for
implementation and discretionary funds.
V. Allowable/Non-allowable Costs
A. Allo~rable Costs: The allowabilit<• of casts incurred under any grant shall be determined in
accordance with the general principles of allowability and standards set by the NCDOCCJPP.
If the allowabilit5' 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 «-ritten approval separate from the Grantee's plan and
application is obtained from the \CDOCCJPP: 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
«-ill 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 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 alIorvable as costs to be financed in whole or in part with
this grant award, unless the position or allowable cost thereof is specifically con-
tained 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 Ser~•ices: The Grantee assures that in any NCDOCCJPF
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-
zffective 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 competiti~~e bidding before expending funds for contractual services.
Contracts shall contain information about the scope and costs of services to be rendered and
'one 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.
copy of the proposed contract must be submitted for consideration during the
CDOCCJPP review of the Grantee's plan or application, i~io 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 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 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
tiCDOCCJPP 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.
Ariy 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 far 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 maximurri payment and allowable cost will be the current prevailing rates allowed for
North Cazolina state employees. Any deviation from the aforementioned expense allowances
must be approved by the Grantor in writing before being incurred. Prior approval by the
1TCD000JPP 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.
Page 8---July 1, 2000 to June 30, 2001
~o
H. Equipment and Other Capital Expenditures: The Grantee hereby certifies that a) no other
eq,.~ipment 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 in~-olved will be effected; and d) the cast of equipment purchased ~~Zth Grantee
funds will be reduced to the extent of resale/recovery value where use of such equipment for
carrying out the purposes of the grant project is discontinued either during the life of the
project or at the end of the grant period. Grant funds exceeding $20,000 may not be
expended or committed for the acquisition or lease of automatic data processing
equipment, whether by outright purchase, rental purchase agreement, or by other
method purchase without prior Grantor approval. The Grantor shall not be obligated
for any payments for equipment or other capital expenditures beyond the grant period.
VI. Grant Reduction/Termination of Grant
A. Grant Reduction: In the event that any costs to be financed in whole or in part by funds for
this grant aze 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 cast of the program or project. The amount of any reduction in the
grant award shall, in the discretion of the Grantor, be immediately recoverable from the
Grantee by the Grantor if the grant awazd is reduced due to disallowance of costs.
B. Grant Termination: This grant may be~ terminated or fund payments suspended by the
Secretary of the North Cazolina Department of Correction where there is a failure to comply
~~zth the terms and conditions of the following:
a. the approved plan and application and attachments;
b. the grant awazd contract and specific conditions ar 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).
V)rI. Employee Activities
A. Conflict of Interest: No. individual, public official, or employee of a state or unit of
local government to which a NCDUCCJPP 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. .
Page 9---July 1, 2000 to June 30, 2001
B. Partisan Political Activity Prohibited: None of the fields, materials, property, or services 11
provided directly or indirectly under this grant shall be used for any partisan political activity,
to further the election or defeat of any candidate for public office, or for publicity or
propaganda purposes designed to support or to defeat legislation pending before any
legislative body, or a referendum or other matter before the electorate.
VIII. Products/Incomefrnm 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
1\CD000JPF 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
«-ithout prior review by the NCDOCCJPP provided that any publication (written, oral, or
visual) contains an acknowledgment of the NCDOCCJPP support and disclosure of the cast
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
orherwise approved by the NCDOCCJPP.
C. Publication Statements: The Grantee agrees that any publication (written, visual, or audio,
but excluding news releases, newsletters, and issue analyses) issued by the Grantee or by any
subcontractor describing programs or projects funded in whole or in part with State funds,
shall contain the following statement:
"This project was supported by a grant provided by the NCDOCCJPP. Points of view or
opinions contained within this document are those of the author and do not necessarily
represent the official position or policies of the North Cazolina Department of Correction
Criminal Justice Paztnership 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.
Page 10---July 1, 2000 to June 30, 2001
12
D. Project Income: All interest or other income earned by the Grantee with respect to grant
funds or as a result of conduct of the grant project (contributions from public or private
sources, sale of publications, client fees, registration fees, service charges on fees, medical
or other insurance payments, divestment of property, disallowed costs, etc.) must be
accounted for in program records. All income must be reported in the NCDOCCJPP project
income report, and if the project income report is approved by the NCDOCCJPP, such
income must be used to expand the scope of services in the approved budget and project plan
or state funds must be reduced by the amount of the interest or income earned.
E. Computerized system: If computer software is produced under a grant, the Grantee agrees
to make such available to NCDOCCJPP for transfer to authorized users without cost other
than directly associated with the transfer. Systems must be documented 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 flaw charts for the system and programs. The Grantee agrees that whenever
possible all application programs will be written in order that they may be transferred readily
to another authorized user. The Grantee agrees to avail himself/herself, to the maximum
practicable extent, of computer softwaze already produced and available.
IN WxTNESS WHEREOF, the parties hereto have set their hands and seals the day, month and
yeaz 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
Count~~(ies) of
(Seal) By
County Authorized Official
Page 11---July 1, 2000 to June 30, 2001