North Carolina Department of Public Safety JCPC Program - Program Agreement

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1 North Carolina JCPC Program - Program Agreement SECTION I A FUNDING PERIOD: FY COUNTY: Scotland Multi-County: No SPONSORING AGENCY AND PROGRAM INFORMATION DPS/JCPC FUNDING # (cont only) 583-XXXX AREA: Central Area Multi-Components No NAME OF PROGRAM: YES (Youth Empowered to Succeed) SPONSORING AGENCY: Partners In Ministry SPONSORING AGENCY PHYSICAL ADDRESS: SPONSORING AGENCY MAILING ADDRESS: 12 Third Street Laurinburg NC PO Box 1621 Laurinburg NC TYPE: Non-Profit FEDERAL ID # COMPONENT ID # NAME OF PROGRAM COMPONENT PROGRAM TYPE TOTAL COST OF EACH COMPONENT YES (Youth Empowered to Succeed) Mentoring $ 77,746 Total cost of components: $ 77,746 Program Manager Name & Address Name: Melba McCallum Mailing PO Box 1621 Address: (same person on signature page) Title: Executive Director City: Laurinburg Zip: Phone: (910) Fax: (910) mdgmccallum@yahoo.com Contact Person Name: Melba McCallum Mailing PO Box 1621 Address: (if different from program manager) Title: Executive Director City: Laurinburg Zip: Phone: (910) Fax: (910) mdgmccallum@yahoo.com Program Fiscal Officer Name: Daisy Dye (cannot be program manager) Title: Bookkeeper Mailing PO Box 1621 Address: City: Laurinburg Zip: Phone: (910) Fax: daisy.dye@hanes.com

2 SECTION I B COMPONENT ID # COMPONENT INFORMATION PROGRAM COMPONENT DESCRIPTION NAME OF COMPONENT: YES (Youth Empowered to Succeed) BRIEF DESCRIPTION: YES is a one-one-one and group mentoring program. The one-on-one mentoring component provides an opportunity for adult volunteers to spend one-on-one time with youth at least two hours a week, providing support, friendship, advice, and encouraging positive youth development. The group mentoring is offered through group sessions with staff, mentors, and various professional speakers, focusing on competence, confidence, character, and caring through community service and enrichment activities.

3 SECTION II COMPONENT STATISTICAL INFORMATION Multi-Components No Component Service Statistics PROGRAM COMPONENT INFORMATION - APPLICATION YEAR Component Name: YES (Youth Empowered to Succeed) Component ID # What is this component's maximum client capacity at any given time? Frequency of client contact per month: 4 Anticipated Average Length of Stay: 72 Days Total Component Cost: $77,746 by Estimated # to be served during funding period: 15 Estimated Average Cost Per Youth: $5,183 Actual number of youth admitted FY 15-16: 16 Applies to continuation programs only. 2 Number of admissions Juvenile Justice Referred 12.5% of total admissions 2 Number of admissions Law Enforcement Referred 12.5% of total admissions 0 Number of admissions District Court Referred 0% of total admissions Form structure last revised 01/09/2012

4 SECTION III NAME OF COMPONENT: YES (Youth Empowered to Succeed) COMPONENT SUMMARY 1. Statement of the Problem: In concise terminology, describe how the program will address continuum need(s) in the county. Scotland County is a poor, rural county in the eastern part of North Carolina and is a designated Tier 1 county, which are the most economically distressed areas of the state. The county has one of the highest unemployment rates in the state at 8.6% (Career Trends Data for Scotland County Schools). The poverty rate for the county is also high at 29%, especially compared to the state level of 13.5%. (US Census, ). The US Census Bureau estimated that 43.9 % of county children lived in poverty in According to the US Census Bureau, the data shows Scotland County's dropout rates are high at 21.3%, while the state level is 15.5%. Over three years, the short-term out-of-school suspension rates (per 100 students) in Scotland County High School were: 2015/16, 31.99; 2014/15, 27.72; 2013/14, The rates for Scotland Early College High were: 2015/16, 0; 2014/15,.96; 2013/14, Rates for Shaw Academy (an alternative high school) reflect the following rates: 2015/16, ; 2014/15, ; 2013/14, In addition, only 15.8% of persons over the age of 25 in the county hold a bachelor s degree or higher. Moreover, 22.2% of the residents 25 years and older do not hold a high school diploma or GED (US Census Bureau), so they are ill prepared for work even if jobs become available. Therefore, Scotland County is considered a poorly educated county. These contributing factors place these students "at-risk" of school failure. Another contributing factor to the poverty in Scotland County is its high crime rate. Scotland County has one of the highest crime rates in the state, with a crime rate of 53% compared to the state rate of 38%. County data for FY reflects that on average 57% of youth reported Family Criminal History and Family Active Court Supervision or Gang Involvement. County data for the six year period shows that on average 87% of youth are age 12 years or older at the time of the 1st delinquent offense alleged in a complaint, and 34% of youth report some substance abuse use and need further assessment; 65% of youth reported having mental health issues that are being addressed and/or need further assessing or treatment. The FY data also shows 31% of youth reported having Moderate School Behavior Problems and 40% of youth reported having Serious School Behavior Problems; 45% of youth sometimes and/or regularly associate with delinquent peers/negative peers and/or gang members or associates with a gang member, and 13% of youth reported a gang association. While the six year data shows a slight decrease in some areas, others show a slow, yet steady, increase from previous years, thus proving that these problems are not being adequately addressed. (FY Scotland County Risk and Needs Assessment; Needs Assessment Comparison Data). PIM proposes early intervention in the form of a mentoring program which will address risk factors that will effect change in Scotland County youth. 2. Target Population: Describe the target population, including age, and the steps taken to insure that the target population is served. The Mentor Program will be available as a preventive program. Because this is part of a crime prevention program and due to the high crime rates in our county, Partners In Ministry has determined that all youth in Scotland County are at-risk youth. Therefore, all youth in Scotland County who are in grades 8-12 (at least 13 years old and no older than 17 years old) and a resident of Scotland County will be eligible for this mentor program. In addition, all students in Scotland Country regardless of race, ethnicity, gender, religious affiliation, and socio-economic status will be eligible for this program. Additionally, eligible students must meet at least one of the elevated risk and needs requirements outlined by the North Carolina : Peer Domain; Lack of pro-social peer relationships; Association with other

5 SECTION III NAME OF COMPONENT: YES (Youth Empowered to Succeed) COMPONENT SUMMARY delinquent peers. Individual Domain: Behavioral/Emotional (mental health) needs. Family Domain: Marginal and/or Inadequate Parenting and Supervision Skills; Past or Current Criminal Justice Involvement by Family Members. School Domain: Moderate to serious school behavior problems resulting in short and long term suspensions, expulsions and truancy (Eligibility will be determined by the Program Coordinator on a case-by-case basis). 3. Program Goal(s): Provide a brief statement to describe the overall purpose of the program. The purpose of the mentor program is to provide early intervention for at-risk youth in Scotland County. This program will intervene early on in the lives of at-risk individuals to prevent the development of crime and other behavioral problems. This intervention will be in the form of a mentor program where at-risk youth are paired with a mentor. This program will address the six life domains that will help address for youth positive development. The six life domains include: Relationship and Community Each mentor will help with building relationships and teaching their mentee positive behavior through a series of one on one and peer interactions in the form of social events, such as out of county excursions, game nights, sporting events, etc. Mentors will engage mentees to build relationships through trust building exercises. Group mentoring will also be provided to the youth, led by mentors or various professional speakers. This will also help youth to meet the need for community and a sense of belonging that each youth has. Health The mentor and mentee will participate in activities such as growing and harvest fresh produce, cooking together, and playing sports such as basketball or baseball to help meet the health needs of the youth. These opportunities are available right on the Partners In Ministry Campus. Creativity Each mentee will have valuable input in planned activities, to ensure that the activities planned are of interest to the youth involved thus helping our youth express their creativity in healthy ways. For example, if a youth is interested in the arts, the mentor may arrange for them to take part in a local theater production. Work and Education During the summer months, juniors and seniors who participate in this program will be given the opportunity to participate in a work experience/paid internship program. This program will give these youth hands- on work experience with each of the programs offered by Partners In Ministry such as our housing program, food pantry, community garden, and afterschool/summer programs. By working with each of these programs these youth will learn valuable skills that will give them a competitive edge over their peers when applying for college or future employment. This program component will help to address the high unemployment rate in Scotland County by training and developing the workforce as well. As a result of mentors partnering with mentees, this program we anticipate the following outcomes: -Increase involvement in school through increased attendance and participation, behavioral improvement, improved grades, and decreased suspensions; -Reduce high risk behaviors such as justice involvement, substance abuse, disciplinary problems, and antisocial

6 SECTION III NAME OF COMPONENT: YES (Youth Empowered to Succeed) COMPONENT SUMMARY behavior; -Increase positive behavior such as community involvement through extracurricular school activities and community service; and -Increase opportunities for youth to plan for the future such as college and career placement. 4. Measurable Objective(s): State in measurable terms (%) the intended effect of the program on specific undisciplined and/or delinquent behaviors. Example: anticipated reductions in court referrals, runaway behavior, disruptive behavior at school, anticipated improved school attendance and academic achievement. These objectives must include impact on participants. 75% Clients will successfully or satisfactorily complete services as intended by the program design/service plan. 75% Clients will demonstrate improvement in targeted skills identified in the individual service plan. 75% Clients will have no new adjudications for a complaint with an offense date after the admission date. 75% Clients successfully/satisfactorily completing the program will have no new complaints in the 12 months following completion. 75% Clients will actively participate in mentoring activities as intended by the program design/service plan. 75% Clients will have no new complaints with an offense date after the admission date. 75% Clients will reduce specific problem behaviors presented at referral and targeted in the individual service plan. 75% Clients successfully/satisfactorily completing the program will have no new adjudications in the 12 months following completion. 5. Elevated Risks and Needs: Describe how you will address one or more of the Elevated Risk and Needs of adjudicated juveniles listed in the local JCPC Request for Proposal. This program will address school behavior problems that result in short and long term suspensions which lead to expulsion and truancy by teaching our youth mentees proper behavior and by providing a positive role model for these youth. Each mentor that volunteers as a part of this program will work directly with the mentee to address behavioral issues that arise, in order to prevent intervention from local law enforcement. This program will address the issue of youth associating with other delinquent youth by teaching them leadership skills, self-respect, discipline, and will also help in building their confidence when it comes to choosing friends and associates. This program will address the behavioral and emotional needs of our youth by offering group and individual counseling sessions for all participants at least monthly unless there is a demonstrated need for increased frequency. Group mentoring will also be provided by mentors and various professionals to guide youth through issues they are facing. To address the elevated risks and needs, the mentor program will offer workshops to focus on the 6 C's: Competence, Confidence, Connection, Character, Caring, and Contribution. Moreover, during each mentoring session, the mentor will focus on each of these areas through various activities such

7 SECTION III NAME OF COMPONENT: YES (Youth Empowered to Succeed) COMPONENT SUMMARY as: -Learning what strengths the mentee possesses and how those strengths can be translated into other areas of their life. -Having the mentees teach the mentors something that they (the mentors) do not know how to do. -Conversations regarding friends and relationships and hobbies of the mentees. The Mentor will incorporate these hobbies into activities and outings that the mentee and mentor will do together. -Having the mentee plan activities and outings with input from the mentor. -Service Projects that practice random acts of kindness such as visiting nursing homes or making treats for a neighbor. - Selecting one extracurricular activity for the mentee to get involved with such as sports or a school club. This program will address the need of parents/guardians who are having difficulty in providing adequate supervision for their children. This program will help to bridge the supervision gap for students from the time they are released from school to the time their parents are typically coming home from work. Another way this program will address this need is by working with the parents to teach them more effective parenting skills and techniques for making rules and enforcing those rules. This program will also help to address issues within the family domain by helping the parents of our youth mentees with more effective parenting and supervision skills. This support will be offered in the form of group and individual counseling sessions as well as workshops with parents. The topics covered during these workshops will be: How to Prevent Substance Abuse How to Set Healthy Boundaries How to Manage Conflict How to Strengthen Family Bonds

8 SECTION IV NAME OF COMPONENT: COMPONENT NARRATIVE (attach for each component) YES (Youth Empowered to Succeed) 1. Location: List physical address(es) and describe where program services are delivered. 12 Third Street; East Laurinburg, NC This program will be housed at the Partners In Ministry Community Resource Center, located in East Laurinburg, NC. The 17,000 square feet of space and 11 acres of land provide a clean, safe and spacious place to connect students, families and staff and expand learning opportunities. The Center is very spacious, with 10 large classrooms (2 computer labs), an auditorium (stage), recreation room, and cafeteria. The facility offers enough space to accommodate classes and in and outdoor recreational activities. The auditorium provides a venue for assemblies, guest speakers and social gatherings. 2. Operation: Describe the daily/weekly schedule of program operation. This program will be available Monday-Friday, from 3-6pm, and on Saturdays from 9-12pm. During the week, both the mentor and mentee will select a day each week that works best for them. They will spend at least two hours together each week engaged in activities that provide character development as well as building positive relationships. This mentor/mentee relationship is critical in meeting the needs of our youth so that they can create a brighter future for themselves. These meetings can take place on the PIM campus but can also be spent off campus. The consent for off-campus activities and transportation will be addressed during the initial meeting with the mentee's parent/guardian. No off-campus activities will be allowed without the written consent of the parent or guardian. The mentor will be responsible for submitting a monthly activity plan. This plan will be developed with input from the mentee and will be approved by the program coordinator, the mentee, and the parent/guardian. In addition, group mentoring will be provided to the youth that will be led by mentors or various professionals. This will give the youth the opportunity to engage with both a role model and each other while dealing with current issues they are facing. Throughout the week, group activities will take place, including but not limited to: Playing board games, local service projects like visiting nursing homes, cooking together, planting/maintaining the community gardens, and playing sports such as basketball or baseball. All of these activities meet the basic needs of our youth for learning, doing, attachment, and community. Saturdays will be set aside for fun activities such as attending sporting events, having relationship/bonding experiences such as a ropes course, and other activities such as bowling, volunteering for service projects, and going on college campus tours. As part of this program PIM will make our many on-campus resources available for our youth such as the computer lab, the library for board games, the community garden for community service, and the basketball and baseball fields as well. Each summer, we will offer work experience internships for the juniors and seniors in this program. As interns they will be working with each of the programs here at PIM to learn a wide variety of skills including construction with the housing program, service with the food pantry, agriculture with the community garden, and mentoring with the afterschool/summer program. This internship will give these youth valuable work experience and give them a better chance at employment long term. These youth will be paid a stipend for this internship. We will offer budgeting and money management workshops to help them manage these funds in a responsible way. Transportation to and from all program activities will be arranged between the mentor and the parent/guardian. This

9 SECTION IV NAME OF COMPONENT: COMPONENT NARRATIVE (attach for each component) YES (Youth Empowered to Succeed) will then be approved by the program coordinator. 3. Staff Positions: Describe paid or volunteer position qualifications, (certifications, degrees, work experience) and position(s) responsibilities relative to this component. Bookkeeper The Bookkeeper reports to the PIM's Executive Director and is responsible for monitoring program expenditures. Duties include monitoring and logging costs to ensure no over expenditures; review invoices, time sheets, payroll and attendance records to ensure cost is in line with approved expense; review all expenditure forms and supporting documents to report for reimbursement; ensure that all expenditures are correctly coded and posted to correct line item; review and monitor spending levels; and ensure that expenditures and accruals are reported to JCPC on a monthly basis. Qualifications: Minimum of a BA degree in Business Administration, accounting, or experience in bookkeeping or federal programs. Experience in developing accounts for financial transactions; establishing chart of accounts; verifying, allocating and posting transactions and balancing accounts by reconciling entries. Proficiency in computer software applications are required. YES Coordinator The Mentor Project Coordinator is responsible for planning, developing and overseeing the operation of the YES Mentor Program. Qualifications Minimum of bachelor s degree required; professional training in teaching, social work, counseling, prevention education, or youth development preferred; extensive experience in youth development, prevention education, or related programs sponsored by education, government agencies, or community-based organizations; experience in the development, implementation and evaluation of successful programs, including preparing applications for funding, conducting workshops, and working with multi-agency planning teams; demonstrated successful experience supervising staff. See Best Practice Section for additional Staff/Volunteer Information 4. Service Type SPEP: Describe implementation to include: Primary Service: Mentoring; Secondary Service: None 5. Admission Process: Describe the specific referral, screening, admission process (including timeline), the staff responsible for making decisions about admissions and reasons why a referral may not be accepted. Referrals will be accepted from juvenile court counselors, law enforcement officers, and school resource officers. Once the application has been completed and signed by the parent/guardian and youth, eligibility will be determined and an interview will be conducted first with the mentee and the mentee s parent/ guardian to ensure that they both understand the time commitment and the duration of the program. Eligible applicants are then accepted and enrolled in the program. Once accepted, the mentee and their parent/guardian will be given additional training to clearly outline

10 SECTION IV NAME OF COMPONENT: COMPONENT NARRATIVE (attach for each component) YES (Youth Empowered to Succeed) expectations. The applicant will be given a series of interest evaluations and questions to help with matching them with a mentor. Once a match has been determined, the parent/guardian must approve the match. The program will provide training on program guidelines, the mentor s obligations and appropriate roles, the mentee s obligations and appropriate roles, and parental/guardian involvement guidelines. If an applicant misses an interview without prior notice, an attempt will be made to reschedule the interview. If this attempt is unsuccessful, the applicant will be denied entry into the program for a period of three months. After this three month waiting period is over, the applicant can re-apply for admission into the program. An applicant will not be accepted if they do not demonstrate adequate interest, engagement, and commitment during the interview process. All mentors that volunteer with this program will undergo a background and reference check in addition to an interview with the YES Mentor Program Coordinator and the Partners In Ministry Executive Director. Once a mentor has been accepted into the program, they will be matched with a mentee. Only adult males will be matched with adolescent males and only adult females will be matched with adolescent females as mentors. 6. Termination Process: Describe the termination process to include the staff responsible for making decisions and the criteria for a successful termination, satisfactory termination, unsuccessful completion and non-compliant termination. The Project Coordinator will follow the closure procedures as closely as possible and will vary based on the reasons for the match ending. At the point it is decided that a match is closing, the mentoring program staff will fill out a Match Closure Summary form and supervise and instruct all participants through the closure process. A copy of the Match Closure Summary will be placed in both the mentor and mentee files. All closures must be classified as to the reason for the match ending. The major classifications are as follows and the circumstances will dictate the procedure to be followed: Successful Termination A successful termination is one that has been known about for a period of time such as three months or more. Common reasons for planning a match closure may include the match is reaching the end of the one-year commitment, the youth ages out of the program, and/or the goals of the match have been achieved. Satisfactory Termination A satisfactory termination would be if a mentee has to relocate out of the area. This could also be as a result of increased community/school involvement that prevents them from attending the program on a regular basis as a result of the skills learned while in this program. Unsuccessful Termination Extenuating circumstances for match closure are usually more sudden in nature, and beyond the control of the program and/or its participants. This could be an unexpected personal crisis. This shall be considered an unsuccessful termination.

11 SECTION IV NAME OF COMPONENT: COMPONENT NARRATIVE (attach for each component) YES (Youth Empowered to Succeed) Non-Compliant Termination A non-compliant termination is due to relationship or behavioral difficulties, i.e., lack of cooperation or contact, parental disapproval, irreconcilable issues, lack of compatibility, and/or violations of program policies. How is the referring agency involved with the termination process? In all cases, attempts will be made to have a closure meeting to include program staff, the mentor, and mentee. The parent/guardian and referring agency may attend if he/she desires. The meeting agenda will cover the following, depending on the circumstances of closure: Open discussion about the relationship ending Complete the closure Exit Surveys Distribute participant Closure Letters Once the program coordinator is made aware of the circumstances leading to termination, they will contact the referring agency to make them aware of the need for termination. An attempt to prevent unsuccessful and noncompliant termination will be made by both Partners In Ministry and the referring agency. This includes matching the mentee with a different mentor. 7. Referring Agency Interaction: Describe the interaction with juvenile court counselors and/or other referring agencies including how client progress will be communicated. The referring agency will be given a monthly progress report including attendance and feedback from both the mentee and mentor. The referring agency can request to attend a mentor session but this request must be approved by both the mentor and parent/guardian, with input from the mentee. A quarterly meeting will be scheduled with all referring agencies to help evaluate the effectiveness of the program and also to offer feedback and guidance on the mentoring process. 8. Intervention/Treatment: Describe specifically what the component will do to redirect inappropriate youth behavior or how the component will address the identified needs of the youth and family. What interventions will typically be utilized in this component and how will parents/guardians be involved? The YES Mentoring Program will intervene at the onset of antisocial behaviors by addressing the key six life domains of: work, education, relationship, community, health, and creativity. This program will also address the two key needs by all youth that are: leading and doing, and attaching and belonging. To address all of these areas and needs we will provide a comprehensive mentoring program. This program will provide a positive relationship for each mentee as well as a sense of community through one-on-one mentoring as well as group mentoring. As part of the activities that take place with each match we will address the areas of health and creativity by engaging these youth in programs and activities that give them a healthy way to express their creativity and talents. All of the mentees that participate in this program will be given the opportunity to work alongside all of the programs that Partners In Ministry offers such as the housing program, food pantry, community garden, and afterschool/summer program. This volunteer experience will teach them basic construction skills, community service, agriculture, and mentoring skills that will meet their own needs of meaningful work and education. For the juniors and seniors in this program, we will offer the opportunity for summer internships to provide paid hands-on, work experience that will give them a competitive edge over their peers when they are applying for college and permanent employment. This work

12 SECTION IV NAME OF COMPONENT: COMPONENT NARRATIVE (attach for each component) YES (Youth Empowered to Succeed) experience program will also help with retention during the summer when some students would be seeking summer employment and would be unable to continue the program. Studies have shown that once students become involved with the justice system, they have an 85-95% chance of continuing that involvement. This program seeks to prevent that initial involvement by engaging our youth in a positive/ nurturing environment that allows them to express their creative energy in healthy ways and to meet their needs of community and attachment with positive character building relationships. This program will also give our youth the opportunity to become leaders that create positive change in their own community through service. To involve the parents/guardians in this program, each mentor will maintain contact with each parent/guardian to keep them updated on the youth's progress. Workshops and parenting classes will also be offered in addition to individual and group counseling sessions at the parent/guardian's request to give them the support that they need to create a positive home environment for each youth. 9. Best Practice Model: Describe what model or evidence-supported/best practice the program is based upon. The YES Mentoring program is based on the Big Brothers Big Sisters (BBBS) program. This program is a Community- Based mentoring model that supports the healthy growth and development of youth by addressing their need for a positive adult role model. One of the key risk factors that has been identified for the youth in Scotland County is not having a parent or guardian that can offer this same type of relationship. Based on the BBBS model, pairing at-risk youth with positive role models will reduce their risk factors for negative behavior and enhance positive behavior. Based on studies of the BBBS model, mentees in this program were found to have a lower risk for using drugs, had increased school attendance, increased GPA's in school, and had higher graduation rates. Additional Staff/Volunteer Information: Mentors Mentors will coordinate activities for participants and their families to increase involvement with the greater community; meet each week with his/her mentee to develop a relationship and engage in activities that will give mentees new experiences; serve as a positive role model and friend, build relationships by planning and participating in activities together, strive for mutual respect, build self-esteem and motivation; and help mentees set goals and work toward accomplishing them. Qualifications: The Mentor will be at least 18 years of age, have a high school diploma or an associate degree and experience working with youth, and a general desire to have fun and work with youth in a variety of activities. A Mentor will possess good relationship building skills and have ability to maintain constructive relationship boundaries with mentee, mentee s family, and PIM staff; have the ability and commitment to maintain confidentiality and act in a manner that is consistent with PIM s policies and procedures. Satisfactory criminal background checks are required for each mentor. Training: PIM staff will provide Volunteer Member Orientation and a Mentor 101 Training for all mentors. The Youth Mentor Coordinator will provide ongoing supervision and be available for consultation. Mentors will receive training on pertinent topics to support and educate them as youth mentors.

13 SECTION IV COMPONENT NARRATIVE (attach for each component)

14 SECTION V Terms of Agreement This Agreement is entered into by and between (hereinafter referred to as DPS), and Scotland County, (hereinafter referred to as the County), the County s Juvenile Crime Prevention Council (hereinafter referred to as the JCPC) and Partners In Ministry (hereinafter referred to as the Sponsoring Agency). DPS, the County, the JCPC and the Sponsoring Agency do mutually agree as follows: Term of Agreement This Agreement shall become effective Jul 1, 2017 and shall terminate Jun 30, Payment to Sponsoring Agency All parties agree that services will be delivered as described in the approved JCPC Program Agreement and that JCPC funds will be disbursed in an amount not to exceed the amount $28964 for the term of this agreement, unless amended by an approved JCPC Program Agreement Revision. Availability of Funds: All parties to this Agreement agree and understand that the payment of the sums specified in this JCPC Program Agreement budget is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DPS. Responsibilities of the Parties DPS shall: 1. Disburse funds monthly to County Governments, for payment to the Sponsoring Agency, from the Juvenile Crime Prevention Council (JCPC) fund appropriation by the General Assembly; 2. Reserve the right to suspend payment to the County for any non-compliance by the Sponsoring Agency with any reporting requirements set forth in the JCPC Policy and Procedures; 3. Notify in writing the County and Sponsoring Agency immediately if payments are suspended and again once payments resume; 4. Pay only for work as described in the JCPC Program Agreement provided by the Sponsoring Agency and approved subcontractors; 5. Provide technical assistance, orientation and training to the Sponsoring Agency, the County and the JCPC; 6. Monitor Sponsoring Agency s JCPC funded program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring; and 7. Notify parties entering into this Agreement of all due dates in a timely manner in order for reports to be submitted by the established due date. The Sponsoring Agency shall: 1. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority; Form structure last revised 12/20/2013

15 2. Comply with all Federal and State laws relating to equal employment opportunity; 3. Keep as confidential and not divulge or make available to any individual or organization without the prior written approval of the DPS any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Sponsoring Agency under this Agreement; 4. Acknowledge that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Agreement; 5. Comply with the Juvenile Crime Prevention Policy and Procedures established by the DPS and the North Carolina Administrative Procedures; 6. Secure local match as required, pursuant to 14B NCAC 11B.0105, for the approved JCPC funds; 7. Create and adopt individualized guidelines specific to the funded program, while also adhering to JCPC Policy and Procedures established by DPS for all JCPC funded programs and for the specific program type for which they receive funding; 8. Ensure that state funds received are spent in accordance with the approved JCPC Program Agreement and be accountable for the legal and appropriate expenditure of those state funds; 9. Maintain reports, records, and other information to properly document services rendered and outcomes; also maintain an ability to send and receive electronic communication; 10. Have the capacity to use DPS electronic, internet-based system for tracking clients served; 11. Use generally accepted accounting procedures that guarantee the integrity of the expenditure of JCPC funds, maintain reports, records, and other information to properly account for the expenditure of all State funds provided to the Sponsoring Agency; 12. Receive from the North Carolina Division of Revenue a refund of all sales and use taxes paid by them in the performance of the JCPC Program Agreement, pursuant to N.C.G.S (c); and exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports; 13. Submit JCPC Program Agreement Revisions, Third Quarter Accounting, Final Accounting and annual detailed check ledgers to the JCPC. These reports must be in accordance with the submission process as outlined in the JCPC Policy and Procedures established by DPS and with the due dates established by DPS; 14. Make personnel, reports, records and other information available to DPS, the County, the JCPC, and/or the State Auditor for oversight, monitoring and evaluation purposes; 15. Submit any other information requested by the JCPC, County or DPS; 16. Be responsible for the performance of all subcontractors as described in the JCPC Program Agreement; 17. Indemnifies and holds harmless DPS, the State of North Carolina, the County and any of their officers, agents and employees, from any claims of third parties arising out of any act or omission of the Sponsoring Agency in connection with the performance of the JCPC Program Agreement; 18. Receive permission and budgetary approval from DPS prior to using the JCPC Program Agreement as a part of any news release or commercial advertising and acknowledge DPS funding in partnership with the County; 19. Comply with DPS trainings and requirements regarding the United States Department of Justice national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA); Reference: 14B; Chapter 11; Subchapter B, and in compliance with JCPC Policy 2: Operations: Program Operational Requirements Sponsoring Agency Contractor(s)/Subcontractors No, subcontractors are not included in the JCPC Program Agreement budget. If yes, the following only applies when subcontractors are providing services as described in the JCPC Program Form structure last revised 12/20/2013

16 Agreement (listed in Line Item 190 of the budget). 20. Receive prior approval from DPS in the form of an unsigned contract being submitted with the JCPC Program Agreement if any of the services described in the JCPC Program Agreement are provided by a subcontractor; NOTE: Contracts signed by all parties must be submitted once the JCPC Program Agreement receives signed approval from DPS. Sponsoring Agencies will be notified requesting this information. 21. Hold any contractor or subcontractor to which the Sponsoring Agency provides State funds accountable for the legal and appropriate expenditure of State funds, and to all applicable laws and Juvenile Crime Prevention Council Policies and Procedures; 22. Ensure that all subcontractors provide all information necessary to comply with the standards set forth in the JCPC Program Agreement; and 23. Be deemed an independent contractor in the performance of services described in the JCPC Program Agreement and as such shall be wholly responsible for the services to be performed and for the supervision of its employees. The Sponsoring Agency represents that it has, or shall secure at its own expense, all personnel required in performing the services as described in the JCPC Program Agreement. Such employees shall not be employees of, or have any individual contractual relationship with, DPS; The JCPC shall: 1. Ensure the Sponsoring Agency uses JCPC funds for only the purposes DPS has approved in JCPC Program Agreement or JCPC Program Agreement Revision(s); 2. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Code; N.C.G.S. 143B-801(a);143B-602;143B Review and locally approve Program Agreement Revisions received from the Sponsoring Agency and submit to the County in a timely manner; 4. Review and locally approve Third Quarter Accounting forms and submit to the County in order to meet the due date established by DPS; 5. Submit any other information requested by the County or DPS; and 6. Monitor the Sponsoring Agency s currently funded JCPC program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring Reference: 14B NCAC 11B.0202 and JCPC Policy 1, 7, 8, 9, 10, and 11. The County shall: 1. Ensure the Sponsoring Agency is appropriately licensed, and either a public agency or a 501 (c) 3 private nonprofit organization; 2. Use JCPC funds only for the purposes DPS has approved in program agreements or program agreement revisions; Form structure last revised 12/20/2013

17 3. Disburse JCPC funds monthly and oversee JCPC funds to the Sponsoring Agency in accordance with 14B NCAC 11B Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Procedures; 5. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency for final approval from DPS; and 6. Review and locally approve Third Quarter and Final Accounting forms for the JCPC and all JCPC funded programs according to the procedures and due dates established by DPS. Reference: 14B; Chapter 11; Subchapter B; JCPC Policy 3, 7, 8, 9, 10, and 11 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Choice of Law: The validity of this Program Agreement and any of its terms or provisions, as well as the rights and duties of the parties to this Program Agreement, are governed by the laws of North Carolina. The parties, by signing this Program Agreement, agree and submit, solely for matters concerning this Program Agreement, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Program Agreement and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in Program Agreement or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Assignment: No assignment of the Sponsoring Agency's obligations or the Sponsoring Agency's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, DPS may: (a) Forward the Sponsoring Agency's payment check(s) directly to any person or entity designated by the Program Manager, or (b) Include any person or entity designated by Sponsoring Agency as a joint payee on the Sponsoring Agency's payment check(s). In no event shall such approval and action obligate DPS or County Government to anyone other than the Sponsoring Agency and the Sponsoring Agency shall remain responsible for fulfillment of all Program Agreement obligations. Beneficiaries: Except as herein specifically provided otherwise, this Program Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Program Agreement, and all rights of action relating to such Form structure last revised 12/20/2013

18 enforcement, shall be strictly reserved to DPS, the County Government, and the Sponsoring Agency. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of DPS and County Government that any such person or entity, other than DPS or the County Government, or the Sponsoring Agency receiving services or benefits under this Program Agreement shall be deemed an incidental beneficiary only. Property Rights Intellectual Property - All deliverable items produced pursuant to this Program Agreement are the exclusive property of DPS. The Sponsoring Agency shall not assert a claim of copyright or other property interest in such deliverables. Physical Property - the Sponsoring Agency agrees that it shall be responsible for the proper custody and care of any property purchased for or furnished to it for use in connection with the performance of this Program Agreement and will reimburse DPS for loss of, or damage to, such property. At the termination of this Program Agreement, the Sponsoring Agency, County Government, and JCPC shall follow the guidelines for disposition of property set forth in Administrative Code and JCPC policy. Reference: 14B NCAC 11B.0110; JCPC Policy 7. Fiscal Accounting and Budgeting: Audit Requirements Disbursements and Internal Controls Reversion of Unexpended Funds Any remaining unexpended JCPC funds DPS disbursed to the County for the Sponsoring Agency must be refunded/ reverted back to DPS at the close of fiscal year or upon termination of this Agreement. Accountability for Funds Audit Requirement - Local Government or Public Authority Requirements Local Government or Public Authorities in accordance with N.C.G.S must have an audit performed in conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance with all applicable Federal and State agency regulations. This audit, combined with the audit of financial accounts, shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". Audit Requirement Non-Governmental Entities: An audit, when required by law, or requested by the County or DPS shall be performed in conformity with generally accepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, and must meet the requirements of OMB Circular A-133. At a minimum, the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit report must be submitted to the State Auditor s office as required by law, to the County and DPS, and to other recipients as appropriate within nine (9) months after the end of your program s fiscal year. Oversight Form structure last revised 12/20/2013

19 Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions in accordance with N.C.G.S Additionally, as the State funding authority, DPS shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of DPS. State basic records retention policy requires all records to be retained for a minimum of five years or until all audit exceptions have been resolved, whichever is longer. If the Program Agreement is subject to Federal policy and regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Program Agreement has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later. No Overdue Tax Debt -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. The Sponsoring Agency shall be responsible for the payment of all State, local, and Federal taxes. Consistent with N. C.G.S. 143C-6-23 (c), not for profit organizations shall file with DPS and the County a written statement completed by that Sponsoring Agency 's board of directors or other governing body, stating that the Sponsoring Agency does not have any overdue tax debts, as defined by N.C.G.S , at the Federal, State, or local level. This written statement, Certification of No Overdue Tax Debts, shall be completed by the Sponsoring Agency and attached to the Program Agreement upon submission. Conflict of Interest Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. Consistent with the N.C.G.S. 143C-6-23 (b), not for profit organizations shall file with DPS and the County a copy of that Sponsoring Agency s policy addressing conflicts of interest that may arise involving the Sponsoring Agency s management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Sponsoring Agency s employees or members of its board or other governing body, from the Sponsoring Agency s disbursing of State funds and shall include actions to be taken by the Sponsoring Agency or the individual, or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the County or DPS may disburse any funds. The Sponsoring Agency shall also complete the DPS Conflict of Interest Policy Statement (Form DPS ) and attach the statement and the Sponsoring Agency's policy addressing conflicts of interest to the JCPC Program Agreement upon submission. Amendment: This Agreement may not be amended orally or by performance. Any amendment must be requested by the Sponsoring Agency through submission of a JCPC Program Agreement Revision and executed by duly authorized representatives of DPS, the County Government, JCPC and Sponsoring Agency. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Program Form structure last revised 12/20/2013

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