HomeMy WebLinkAbout2004 S Manager - CJPP 2004-2005 Service Continuation – Orange Chatham Alternative Sentiencing Inc•~
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RETURN THIS COPY TO THE CLERK'S
OFFICE FOR THE PERMANENT AGENDA FILE
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC.
THIS CONTRACT is made and entered into the ~ day of , 2004
between the County of Orange ("the County") and Orange- ath Alternative
Sentencing, Inc., ("OCAS").
WHEREAS, the County acting as fiscal agent for the Orange-Chatham Justice Partnership
Program has received a grant from the North Carolina Department of Correction Criminal
Justice Partnership ("NCDOCCJPP") to provide services to individuals in the criminal
justice systems of Orange and Chatham Counties, including apre-trial program; 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, OCAS is anon-profit agency which provides pre-trial services to individuals
in the criminal justice systems of Orange and Chatham Counties; and
WHEREAS, the County desires to contract with OCAS to provide pre-trial services for
individuals in the criminal justice system of the County as part of the Orange-Chatham
community-based corrections plan; and
WHEREAS, OCAS desires to provide these services for the County.
NOW THEREFORE in consideration of the following mutual promises, covenants and
conditions, the County and OCAS agree as follows:
A. Pre-Trial Services. OCAS agrees for the period of July 1, 2004 to June 30, 2005
to continue to operate its pre-trial services program. The program activities during
this period shall, except as expressly provided in this agreement, correspond with
the Pre-Trial Program Summary and the Pre-Trial Release Operating Policies and
Procedures and all other related activities described in the grant contract between
North Carolina Department of Correction Criminal Justice Partnership Program and
the County as though it were the grantee under that contract. A copy of the grant
contract is Exhibit A hereto.
1. OCAS is responsible for the daily screening and identification of
eligible candidates from the jail confinement lists in Orange and Chatham
County jails.
2. OCAS interviews CJPP eligible offenders to determine the
likelihood. that the inmate will return to court for all court dates by
examining past available criminal records, verifying stability of
home/employment and looking at other factors related to community safety.
3. OCAS will secure the appropriate Release Agreement or Bond
Reduction documents for each offender and obtain the signature of the
judicial official.
4. OCAS agrees to submit program activity information to the
Information Management System (IMS) database of the Criminal Justice
Partnership Program immediately after each client contact.
5. OCAS regularly participates and is involved with the 15B judicial
meetings, e.g. Community Resource .Court, Court Committee, or other
court-related efforts.
6. OCAS agrees to continue monitoring and evaluating the Pre-Trial
program, to include necessary documentation and data collection, and to
provide the results of this monitoring and evaluation to County upon request
of County.
B. The County agrees to reimburse OCAS for the services provided pursuant
to this agreement up to the amount of $60,718 for the period beginning July 1, 2004
and ending June 30, 2005. The budget for the contract period is as follows:
Services Money
Personnel $43,000
Operating Expenses $10,450
Travel
$750
Contractual and Other $6,518
Total
$60,718
OCAS agrees to provide the County with its reimbursement requests by the 10~'
business day of each month for the previous month's expenses. The County agrees
to reimburse OCAS for all reimbursable expenses invoiced by August 15, 2005.
1. OCAS agrees that monies to be paid by the County are contingent
upon receipt by the County of a Criminal Justice Partnership Program
(CJPP) grant for these services from the North Carolina Department of
Correction Criminal Justice Partnership Program and the obligation of the
County under this agreement is reduced, dollar for dollar, by the amount of
any reduction in the State grant.
2. OCAS agrees to the following conditions regarding the budget:
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a. Equipment not included in the approved budget may not be
purchased without prior written approval of the County.
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 the pre-trial services. These changes include
but are not- limited to modifications in staffing program components,
contractual agreements or memoranda of understanding.
d. Prior to implementation of this agreement, OCAS shall
submit to County an estimate of the administrative costs associated
with this agreement and estimates for the services that will be
provided. If, during the course of this agreement, OCAS determines
that the agreed-upon costs need to be adjusted, OCAS 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 approval. Further, the overall approval rests
with the granting authority of the NCDOCCJPP administration.
e. In the event that OCAS expends any funds for the provision
of services pursuant to this agreement, 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.
C. OCAS agrees to maintain accurate records regarding the pretrial services
provided pursuant to this agreement. OCAS agrees to allow the County to inspect
these records at any time necessary. OCAS 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 have access for the purpose of audit and examination to any books,
documents, papers, and records that pertain to this project. If as a result of
inspection of the audit, any project expenditure. is disallowed, the County may, at
its sole discretion, reduce the amount of any expenditure under this agreement by
the amount disallowed or demand repayment. Notwithstanding any other provision
of this agreement, all client records, papers, and other documents kept by OCAS
that are obtained or created pursuant to this agreement shall be confidential and
shall only be disclosed as is provided for by law or as necessary for the full
implementation of this agreement.
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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 and to in all respects comply with the conditions set forth in the grant contract
between North Carolina Department of Correction Criminal Justice Partnership
Program and the County as though it were the grantee under that contract. A copy
of the grant contract is Exhibit A hereto.
E. OCAS 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 OCAS and any and all individuals
working with OCAS against any claim or claims for damages arising out of
personal injuries or death occasioned by OCAS, its principals, agents and/or
employees. OCAS will investigate any formal written complaints brought to its
attention by participants. OCAS will notify the County, in writing, of any such
complaint and the County will in turn notify the Orange-Chatham Justice
Partnership. OCAS shall notify the County of any cancellation or material change
in insurance coverage which takes effect during the performance of this agreement.
If OCAS changes insurance providers during the performance period of this
agreement, OCAS shall provide evidence that the County will be indemnified to the
limits specified here for the entire performance period of this agreement, either
under the new policy or a combination of old and new policies.
OCAS 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 OCAS premises. OCAS agrees to indemnify .and hold harmless and
defend the County from any act or omission of OCAS, its principals, agents,
officers, directors, employees, licensees, and invitees or other third parties that
enter OCAS premises, and OCAS 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
OCAS, its principals, agents, officers, directors, employees, licensees, and invitees
or other third parties that enter OCAS premises which occurs in connection with
this agreement.
F. This agreement may be terminated by either party:
1. 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, P.O. Box 8181,
Hillsborough, North Carolina 27278, and as to OCAS, Joyce
Kuhn, Executive Director, 116 S. Churton Street, Hillsborough,
North Carolina 27278;
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2. at any time, for cause, in case of jeopardy to the client or other
failure to comply with the requirements of this agreement, upon
notice to OCAS as provided here (the cause shall be documented
in writing to OCAS detailing the grounds for termination);
3. by mutual .consent of both parties, in writing. In the event of
termination in part, the parties shall continue the performance of
this agreement to the extent not terminated. After receipt of a
notice of termination and except as otherwise directed by the
County, OCAS shall cease work under this agreement on the
date, and to the extent specified in the notice of termination.
The County shall pay OCAS the agreed upon amount for the
delivery of services under the terms of this agreement up to the
effective date of .termination. Payment shall not be made for
property or supplies purchased after the notice of termination is
received.
G. This agreement is not intended and shall not be construed to create the
relationship of agent, servant, employee, partnership or joint venture between
OCAS and the County, but rather is an agreement between independent contractors.
OCAS 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.
H. OCAS agrees not to subcontract or assign any of the services contemplated
under this agreement without the prior written approval of the County.
I. OCAS agrees to submit program activity information on a monthly basis to
the Partnership and the Division of Community Correction.
J. OCAS and the County agree that each party will comply with all applicable
State and federal laws, including but not limited to such non-discrimination laws as
may be applicable to them in the performance of this agreement.
K. OCAS 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.
L. No employee of OCAS may participate in a decision with respect to
choosing appropriate services for OCAS clients under this agreement 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.
M. It is agreed that either party's failure to insist upon the strict performance of
any provision of this agreement or to exercise any right based upon a breach
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thereof, or the acceptance of any performance during the breach, shall not
constitute a waiver of any rights assigned to that party under this agreement.
N. 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.
O. The laws of the State of North Carolina govern the validity and
interpretation of the provisions, terms and conditions of the agreement.
IN WITNESS WHEREOF the parties have hereunto signed this agreement in their
official capacities on the day and year listed below.
This the ~ day of ~l~~1~~~04.
ORANGE COUNTY
B:
Moses Carey, Chair
Orange County Boar f ommissioners
ATTEST:
Do a aker, Clerk to the
Board of Commissioners
OCAS
By:
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Ken Chavious, Orange County Finance Director
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