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HomeMy WebLinkAbout2009-051 DSS - The Freedom House Recovery Center to provide services to the CJPP-eligible intermediate punishment offender population in Orange and Chatham Counties^ /~~ a s -,Lad 9 ~~ ~{k -Please return this copy to Clerk to the Board's office for PAF CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND THE FREEDOM HOUSE RECOVERY CENTER THIS CONTRACT is made and entered into the _ day of , 2009 between Orange County, North Carolina ("the County") and The Freedom House Recovery Center, Inc., a North Carolina Non-Profit Corporation ("FH"). WHEREAS, the North Carolina Department of Correction Criminal Justice Partnership Program ("CJPP") has awarded a North Carolina Department of Correction Criminal Justice Partnership Program ("NCDOCCJPP") grant to Orange and Chatham Counties, North Carolina; and WHEREAS, the aforementioned Counties desire to use some portion of the NCDOCCJPP grant to contract with FH to provide a continuum of care through a Resource Center for individuals in the intermediate punishment population in Orange County and Chatham County; and WHEREAS, the FH Resource Center ("FHRC") desires to provide a continuum of care for eligible Intermediate sanctioned offenders including Intensive Outpatient services, Detox, Residential Placement, and Cognitive Behavior Intervention (CBI) Services. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term. This contract shall be effective for the period of July 1, 2009 through June 30, 2010. 2. The FHRC agrees to provide services, as specified'in Orange-Chatham Justice Partnership CJPP Application for Funding, which is attached hereto as Exhibit A and incorporated herein by reference ("CJPP Application"), to the CJPP-eligible intermediate punishment offender population in Orange County and Chatham County. a. ACJPP-eligible intermediate punishment offender is defined as an adult offender convicted of a misdemeanor or a felony offense who received anon-incarcerative sentence of an intermediate punishment or who is serving a term ofpost-release supervision after completing an active sentence of imprisonment. b. District 15-B Department of Community Corrections shall make an initial determination as to whether an individual ineligible to participate in the CJPP program; Treatment Alternatives to Street Crimes ("TASC") will assess eligible individuals in order to determine the services needed by these individuals and refer these individuals ("Clients") as appropriate to the FHRC. 3. FH agrees to provide Intensive Outpatient Treatment ("IOP") services to Clients, with services being provided to Clients in groups of up to 30 Clients that meet at least three evenings per week, for a period of at least three hours per group. Participants will also be required to attend additional Alcoholics Anonymous and Narcotics Anonymous programs at least two other evenings a week. It is estimated that approximately 60 Clients will complete an anticipated length of stay in the program of approximately 120 days each, depending upon their assessment. 4. In addition to IOP services, the FH also agrees to provide additional services to Clients including: a) Assessment b) Support Services c) Aftercare Services d) Drug Screening e) Detox and Halfway House Services f) Educational Services g) Job Development, Housing and Life Skills Services h) Domestic Violence Support and Counseling i) Other services specified in the CJPP Application. 5. FH agrees that the County will retain ultimate control and responsibility for the services performed under this contract. FH further agrees to be bound by and to in all respects comply with the conditions set forth in the grant contract between NCDOC CJPP and the County, which is incorporated by reference, as though it were the grantee under that contract. A copy of the grant contract is attached as Exhibit B. 6. As a condition precedent to the effectiveness of this contract, FH shall submit to County for the County's approval, at the County's sole discretion, an estimate of the administrative costs ("Administrative Costs") associated with this contract and estimates for the cost of services ("Cost of Services") that will be provided to the intermediate punishment population. If, during the course of this contract, FH determines that the agreed-upon Administrative Costs and Cost of Services need to be adjusted, FH shall provide County with a written explanation of the circumstances surrounding the need for an amendment. Under no circumstances will the County be required to pay higher rates than those previously agreed upon without its prior written approval. Further, the overall approval rests with the granting authority of the NCDOC CJPP administration. 7. Orange County, as lead fiscal county, agrees to reimburse FH on a monthly basis for the Cost of Services up to, but to not exceed, $163,467 that FH provides to the intermediate punishment population. 8. FH agrees that it will be responsible for maintaining records of all individuals to whom it provides services. All Client records, papers, and other documents kept by FH that are obtained or created pursuant to this contract shall, be confidential and shall only be disclosed as is provided for by law or as necessary for the full implementation of this 2 contract. 9. This contract may be terminated: a. by either party, upon at least thirty (30) days notice by certified mail, with return receipt requested or by written notice delivered in person to, as to the County, Sharron Hinton, Orange County, 300 W. Tryon Street, P.O. Box 8181, Hillsborough, North Carolina 27278, and as to FH, Trish Hussey, 104 New Stateside Drive, Chapel Hill, North Carolina, 27514; b. at any time, for cause, in case of jeopardy to the Client or other failure to comply with the requirements of this contract, upon notice to FH as provided here (the cause shall be documented in writing to FH detailing the grounds for termination); by mutual consent of both parties, in writing. In the event of termination in part, the parties shall continue the performance of this contract to the extent not terminated. After receipt of a notice of termination and except as otherwise directed by the County, FH shall cease work under this contract on the date, and to the extent specified in the notice of termination. The County shall pay FH the agreed upon amount for the delivery of services under the terms of this contract up to the effective date of termination. Payment shall not be made for property or supplies purchased after the notice of termination is received. 10. No employee of FH may participate in a decision with respect to choosing appropriate services for offenders if such a decision can be expected to result in any benefit or remuneration to the employee or any member of his/her immediate family. 11. FH will procure and maintain adequate insurance policies covering professional liability, comprehensive general liability and worker's compensation in amounts required by State law (and not less than one million dollars per claim and one million dollars aggregate for professional and comprehensive general liability insurance) as necessary to insure that FH and any and all individuals working with FH against any claim or claims for damages arising out of personal injuries or death occasioned by FH, its principals, agents and/or employees. FH will investigate any formal written complaints brought to its attention by participants. FH will notify the County, in writing, of any such complaint and the County will in turn notify the Orange-Chatham Justice Partnership. FH shall notify the County of any cancellation or material change in insurance coverage, which takes effect during the performance of this contract. If FH changes insurance providers during the performance period of this contract, FH shall provide evidence that the County will be indemnified to the limits specified here for the entire performance period of this contract, either under the new policy or a combination of old and new policies. 12. FH is responsible for its acts and the errors and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter FH premises. FH agrees to indemnify and hold harmless and defend the County from any act or omission of FH, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter FH premises, and FH agrees to indemnify the County from any and all losses, damages, costs and expenses (including reasonable attorney's fees) caused by or arising out of an act, omission, fault, negligence or other misconduct of FH, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter FH premises which occurs in connection with this contract. 13. FH agrees to record all Administrative Costs and all Costs of Services provided to the intermediate offender population following generally accepted fund accounting procedures. To the extent allowed by law, FH agrees that the County may, at its sole discretion, perform an annual audit of the project, which shall comply with the requirements of the Single Audit Act of 1984 and be made available for inspection by the County staff. The County, or any of its duly authorized representatives, shall, to the extent allowed by law, have access for the purpose of audit and examination to any books, documents, papers, and records that pertain to this project. To the extent allowed by law, if as a result of inspection of the audit, any project expenditure is disallowed the County may, at its sole discretion, reduce the amount of any expenditure under this contract by the amount disallowed or demand repayment. FH agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each Client contact. FH further agrees to maintain adequate documentation to support all costs billed to County pursuant to this contract. Such records and supporting documentation must be retained and available for audit purposes. Adequate documentation is defined as follows for each major budget category: a. Administrative: Documentation must include time and attendance records, payroll periods, payment rate and a brief description of the services provided. Reports must be signed by FH's Executive Director or his/her designee. This requirement applies to all personnel paid from funds obtained by FH pursuant to this contract. b. Supplies and Other Operating Expenses and Equipment. Documentation must include purchase order authorization and audited vendor invoices approved by FH's Executive Director or his/her designee. FH further agrees to maintain a current inventory of all County-owned equipment in its possession. 14. Title to all property acquired in whole or in part with contract funds in accordance with an approved budget and other requirements set by the County shall be held at all times by the County and may not be reassigned. Such property must be marked as the property of the County with an appropriate tag or sign. FH shall exercise due caution in the use, maintenance, protection, and preservation of such property during the contract period. 4 Upon the expiration of this contract, all County property shall be returned to County within 10 working days. 15. Payment and Utilization of Funds a. FH agrees that monies to be paid by the County are contingent upon receipt by the County of a Criminal Justice Partnership Frogram (CJPP) grant for these services from the North Carolina Department of Correction Criminal Justice Partnership Program and the obligation of the County under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. b. The County agrees to reimburse FH for the administrative costs and services provided pursuant to this contract up to the amount of $ 163,467 for the period beginning July 1, 2009 and ending June 30, 2010. c. FH shall invoice the County by the 10th business day of each month for contract expenses paid in the previous calendar month. The County agrees to reimburse FH for all reimbursable expenses invoiced by August 15, 2010. The invoice shall include fees for all services provided by FH, including administrative fees. County shall pay FH by check within thirty days. d. In the event that FH expends any funds pursuant to this contract for the provision of services to the intermediate offender population, and such funds are subsequently determined by the North Carolina Department of Corrections Criminal Justice Partnership Program to be non-reimbursable, such costs shall be considered non- reimbursable by the County. e. FH agrees that all payments made by the County on behalf of a member of the intermediate offender population who is receiving services from FH shall be credited towards the account of that offender. FH further agrees that if a member of the intermediate offender population is eligible for benefits -from any private health benefits plan or other government-sponsored health benefits plan, then FH shall only invoice the County for that portion of the cost of services not reimbursed by such other health benefits plan. 16. FH agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. 17. FH and the County understand that this contract in no way assures or implies continuation of funding or the provision of services beyond the term of this contract. 18. FH is not an employee or agent of the County for any purpose including but not limited to compensation for services, employee welfare and pension benefits, worker's compensation insurance, or any other fringe benefits of employment. 19. This contract contains the entire understanding of the parties and shall not be altered, amended or modified except by a contract in writing executed by the duly authorized officials of both parties. 20. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions of the contract. 21. It is agreed that either party's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during the breach, shall not constitute a waiver of any rights assigned to that party under this contract. IN WITNESS WHEREOF, Orange County has caused this contract to be signed in its name by its Board of County Commissioners Chairperson, attested by the Clerk to the Board of Commissioners„ and the Freedom House Recovery Center, Inc., has caused this contract to be signed in its name by its Executive Director and all authority duly given, this the day of 2009. ORANGE C LINTY ~.,-- By. Valeri~Chair of Commissioners FREEDOM HOUSE RECOVER CENTER, INC. ~_.._m..~,_ • ,~ .... B -~-- -~ . ~. ~' ~ ~ `~ Trish Hussey Executive Director E, % s ~ =: ATTE~T~., Donna Baker, Clerk to the Orange County Board of Commissioners This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C~ J. ~,~ Clarence Grier, Financial Services Director This con has been approved as to legal form by: nnette .Moore, Staff Attorney 6