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HomeMy WebLinkAboutAgenda - 05-18-1999 - 8hORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ~_ ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 1999 SUBJECT: Orange-Chatham Alternative Sentencing CJPP Contract DEPARTMENT: Manager's Office PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/1~ ATTACHMENT(S): Contract INFORMATION CONTACT: Sharron Siler TELEPHONE NUMBERS: - -ext. 2300 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To continue pre-trial release and day reporting center services administered with Criminal Justice Partnership Program grant funds. BACKGROUND: Since FY 1995-96, Orange County has served as the fiscal agent for Criminal Justice Partnership Program (CJPP) funds allocated for Orange and Chatham Counties. The Orange-Chatham CJPP Advisory Board is responsible for identifying and monitoring programs designed to enhance the local criminal justice system. -These community-based programs are targeted only to offenders sentenced to intermediate sanctions with the goals of: (a) reducing drug and alcohol use; (b) reducing recidivism; and (c) impacting probation violations/revocations. The programs funded for Orange and Chatham counties include apre-trial release program and a satellite substance abuse center. Both programs are operated through contractual arrangements with Orange-Chatham Alternative Sentencing, Inc. The pre-trial release program helps to expedite appropriate releases from the Orange and Chatham County jails. By doing so, the program provides the counties with savings associated with jail bed costs. The pre-trial release program expedites information related to inmates resulting in approximately 60 direct releases to the program and a minimum of another 60 indirect releases per year. The program allows the offender to maintain responsibilities in the community and is thereby better prepared at sentencing to enter treatment and/or support his or her family financially and emotionally. The satellite substance abuse center, known as the First Step Sanctions Center, is located in Carrboro. The center serves as a special condition of probation and assists approximately 40 intermediate offenders per year. The center provides the offender and judiciary with access to structured treatment including: substance abuse treatment and education; stress management; anger management; problem solving skills; communication skills; assertiveness training; and personal goal setting. z` FINANCIAL IMPACT: All program services are administered through state grant funds totaling 181,941.00. Orange County does not appropriate local dollars to operate the CJPP programs. RECOMMENDATON(S): The Manager recommends that the Board approve the contract and authorize the chair to sign. NORTH CAROLINA ORANGE COUNTY AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-CHATHAM ALTERNATIVE SENTENCING THIS AGREEMENT made and entered into this the 1~` day of July, 1998 by and between Orange County, North Carolina on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereafter "the County," and the Orange-Chatham Alternative Sentencing, Inc., hereafter "OCAS": WITNESSETH WHEREAS, the County, acting as fiscal agent for the Orange-Chatham Criminal Justice Partnership Program, has received a grant from the North Carolina Department of Correction Criminal Justice Partnership Program to provide services to individuals in the criminal justice systems of Orange and Chatham Counties to include: (1) a pre-trial release program and (2) a day reporting center program, known as the "OCAS Skills Sanctions Center;" and WHEREAS, the grant provides that these grant monies may be spent through contracting with private for-profit/ private non-profit agencies to provide these services; and WHEREAS, the County desires to contract with OCAS, anon-profit agency, to operate the pre-trial release program and the Sanctions Center; and WHEREAS, OCAS desires to operate these services for the County. NOW THEREFORE in consideration of the premises and of the following mutual promises, covenants and conditions, the County and OCAS agree as follows: 4 I. Pre-Trial Services A. OCAS agrees for the period July 1, 1998 to June 30, 1999 to continue to operate its pre-trial release program. The program activities during this period shall, except as expressly provided in this agreement, correspond with the Pre-Trial Release Program Summary and the Pre-Trial Release Operating Policies and Procedures and all other related activities described in the 1998-1999 CJPP Community Corrections Application for Continuation of Implementation Funds, which Application is hereby incorporated into this agreement by reference. 1. Whenever an OCAS staff member secures the paycheck of a pre-trial defendant in order for the defendant to post bond, the OCAS staff member shall obtain written permission from the pre-trial defendant to do so. 2. The pre-trial release services shall include generally "checking courthouse records," rather than "checking the courthouse records to ascertain whether a court case was disposed of and discovering that a warrant was mistakenly listed as outstanding which resulted in an inmate being mistakenly jailed." 3. The Victim Offender Mediation service described in the pre-trial release program summary shall only be made available to intermediate offenders, not to the pre-trial population. B. OCAS agrees to continue monitoring and evaluating the Pre-Trial release program, to include necessary documentation and data collection per the February 17, 1998 pre-trial release program agreement between County and OCAS and to provide the results of this monitoring and evaluation to County upon request of County. II. First Step Sanctions Center A. OCAS agrees, for the period July 1, 1998 to June 30, 1999, to continue to establish and to operate the Skills and Sanctions Center, to be known as and hereafter referred to as the "First Step Sanctions Center." The activities and requirements of OCAS S in establishing and operating the First Step Sanctions Center during this period shall include those described in detail in the CJPP Community Corrections 1998-1999 Application for Continuation of Implementation Funds, which Application is hereby incorporated by reference into this agreement. B. OCAS will establish the minimum number of hours offenders are required to be "on-site" per day or per week, engaged in structured activities or services at First Step Sanctions Center. In establishing these minimum hours, OCAS shall differentiate between employed and unemployed offenders. OCAS shall provide these hour requirements to CJPP. C. OCAS shall also provide CJPP information concerning the number of offenders that First Step Sanctions Center can serve "on site" at any given time. D. OCAS shall develop a substance abuse treatment protocol that will be provided to offenders "on site." This protocol will include: 1. The number of hours per session an offender will participate in substance abuse treatment; 2. The number of sessions per week an offender will attend; 3. The number of weeks an offender will participate in a substance abuse treatment program; 4. The number of offenders in a treatment group, and 5. The number of hours in the substance abuse treatment program devoted to individual counseling. 6 E. OCAS agrees to continue monitoring and evaluating the First Step Sanctions Center program and to provide the results of the monitoring and evaluation to the County upon the request of County. III. Budget and Other Agreements A. The County agrees to reimburse OCAS for the services performed pursuant to this contract as billed up to the amount of $181,941.00 for services through June 30, 1999. The budget for the contract period is as follows: Services Personnel Monev $ 95,321.00 Fringe Benefits $ 20,934.00 Operating Expenses $ 56,800.00 Contractual and Other $ 8.886.00 Total $ 181,941.00 OCAS agrees to provide the County with its reimbursement requests by the second day of each month for the previous month's expenditures. 1. OCAS agrees that monies to be paid by the County pursuant to this agreement are contingent upon receipt by the County of grant funds from the North Carolina Department of Correction Criminal Justice Partnership Program and if grant funds are not received, County will have no liability for payment under this agreement. 2. OCAS agrees to the following conditions regarding the budget: a. equipment not included in the approved budget may not be purchased without prior written approval of the County. 4 b. Requests for amendments to the budget must be requested in writing to the County. If the County approves the amendment, it will notify OCAS in writing of the approval c. Written approval by the County is also required for any change in the scope of either the pre-trial services or First Step Sanctions Center programs. These changes include but are not limited to modifications in staffing program components, contractual agreements or memoranda of understanding. 3. No money from this budget may be used for cognitive behavioral training. B. OCAS agrees to maintain accurate records regarding the services provided pursuant to this agreement. OCAS agrees to allow the County to inspect these records at any reasonable time. OCAS agrees to assist the County by providing any information required pursuant to an audit conducted by the North Carolina Department of Correction Criminal Justice Partnership Program pursuant to the grant award contract between the County and the North Carolina Department of Correction Criminal Justice Partnership Program. C. OCAS shall work with the Judicial Division Coordinator regarding the services provided pursuant to this agreement. D. OCAS agrees that the County will retain ultimate control and responsibility for the services performed under this agreement. OCAS further agrees to be bound by the conditions set forth in the grant award contract for the grant period of July 1, 1998 to June 30, 1999 between the North Carolina Department of Correction 8 Criminal Justice Partnership Program and the County which grant award contract is hereby incorporated into this agreement by reference. E. Each party agrees to be responsible for its own liabilities and that of its officers, employees, agents or representatives arising out of this agreement. F. Any equipment purchased by County to be used by OCAS in fulfilling its obligations under this agreement will remain the property of the County and will revert back to the control of the County at termination of this agreement. G. No individual, public official, or employee of a state or unit of local government may participate in an administrative decision of OCAS 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 family. H. This agreement may be terminated by either party with or without cause by giving thirty (30) days prior written notice. The thirty (30) day termination period shall commence on the date of receipt of the notice by the affected party. I. This agreement shall run until June 30, 1999. It is not renewable and OCAS acknowledges it has no expectation of continued funding of these services beyond June 30, 1999. Any further funding by the County for Pre-Trial Release Services or for the operation of First Step Sanctions Center shall be the subject of a new agreement. J. OCAS and the County agree that each party will comply with such non- discrimination laws as may be applicable to them in the performance of this agreement. 6 9 K. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. L. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this agreement. IN WITNESS WHEREOF the parties have hereunto signed this agreement in their official capacities on the day and year listed below. This the 18~' day of May, 1999. ATTEST: Beverly A. Blythe, Clerk to the Board of Commissioners ATTEST: mydocuments/CJPP-contractdoc ORANGE COUNTY By: Alice M. Gordon, Chair Orange County Board of Commissioners [SEAL] ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC. By: [SEAL] 7