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HomeMy WebLinkAbout2004 S Manager - CJPP 2004-2005 Service Continuation Project Turn Around~ ~ .' - RETURN THIS COPY TO THE CLERK'S - OFFICE FOR THE PERMANENT AGENDA FILE' CONTRACT BETWF~N THE COUNTY OF ORANGE, NORTH CAROLINA AND PROJECT TURN AROUND ~" THIS CONTRACT is made and entered into the ~ day. of ~ G~t' , 2004, between the County of Orange ("the County") and Project Turn A oun ("PTA"). 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, PTA desires to provide substance abuse treatment services using the cognitive behavior approach to change the .individual thinking of youthful intermediate sanctioned offenders while introducing them to a lifestyle without drugs and alcohol; and WHEREAS, the aforementioned Counties desire to use some portion of the NCDOCCJPP grant to contract with PTA to provide assessment, groups, and counseling services for youthful intermediate sanctioned offenders identified as having a substance abuse problem. NOW THEREFORE, IT IS MUTUALLY agreed as follows: I. This contract shall be effective for the period of July 1, 2004 through June 30, 2005 (hereafter "Contract Period"). II. PTA agrees to provide the following described assessment, groups and counseling services to CJPP-eligible youthful offenders in Orange County and Chatham County (hereafter "program"). A. ACJPP-eligible youthful offender is defined as an intermediate sanctioned offender age 16-25, referred to the program, which has a documented substance abuse problem as defined by a TASC assessment. B. The services provided by PTA shall include, but are not limited to the following program services (hereafter "Program Services"): i) PTA will provide the following intake services: Eligibility Phase: PTA will monitor and attend 15B District and Superior Court sessions and shall make an initial determination as to whether an individual may be eligible to participate in the program; PTA will work closely with Adult Probation, TASC and the 15B District Attorney's Office, judges, attorneys, and court personnel to screen approximately fifteen (15) CJPP-eligible youthful offenders for possible entry into the program; PTA will complete an intake assessment within 5- 10 business days of the referral to confirm the offender's eligibility to enter the program; PTA will notify the responsible agency of the acceptance or ultimate rejection of the offender (hereafter "Client") for entry into the program. ii) PTA will provide the following hours of Counseling Services to Clients through a three phase programming format: Counseling Phase I (3 months) Intake: (1-2 hours), Individual Counseling Services: 2 - 3 session per week (45 minutes - 1 hour), Case conferences with TASC and Probation: 1-2 meetings per month (45 minutes - 1.5 hours per meeting) or as required per Client progress Counseling Phase II (3 months) Individual Counseling Services: 2-3 times per week (45 minutes to 1 hour), Group Counseling Services: 2 times per week for 9 weeks (6:30 - 8:45 pm) Mondays & Thursdays, Case Conference with TASC and Probation: 1- 2 meetings per month (45 minutes - 1.5 hours per meeting) or as required per Client progress Counseling Phase III (3 months or longer depending on Client progress) Individual Counseling Services: 1-3 sessions per week (45 minutes to 1 hour), Group Counseling Services: 1-2 group sessions per week -Relapse/process group (6 - 7:30 pm), Case conference with TASC and probation: 1-2 meetings per month (45 minutes - 1.5 hours per meeting) or as required per Client progress C. The Counseling Services provided by PTA shall include, but are not limited to the following: i) Enter into an agreement with each Client, which contract lays out all program rules and requirements and provides for drug and alcohol testing to confirm abstinence. from drug and alcohol abuse and the confidentiality of information and records ii) Assign a Counselor to each Client who may be assisted in providing counseling services by responsible, properly trained and screened volunteers, with all managers and volunteers being supervised by a Program Director iii) Work with DCC, TASC, and other involved parties in developing an individual counseling plan for each Client. iv) Contact or meet with the Client at least 2-3 times per week v) Work closely with the Client's family to assist them in developing better coping skills to effectively deal and relate to the Client's addiction and abuse and to support the Client's recovery vi) Establish appropriate support mechanisms for Clients, engaging them in a structured program that eliminates excess free time, particularly on weekends vii) Introduce Clients to Alcoholics Anonymous, Narcotics Anonymous, and other locally sponsored support groups such as those provided by churches viii) .Conduct daily program activities as applicable such as assessments; individual and group education and counseling using the cognitive behavior approach, follow-up sessions, home and school visits and meetings with probation officers, TASC, employers, family members, pastors, school counselors and resource officers ix) Monitor work attendance and require that all Clients remain employed while participating in the program x) Monitor school attendance (including GED and high school diploma completion) xi) Provide acheck-in telephone number at PTA that Clients must call on a weekly basis xii) Conduct periodic random urine screening and/or breathalyzer testing that is submitted at PTA, 15B probation offices (if ordered by court) or at the Client's home, to confirm the Client's drug- and alcohol-free status xiii) Document thoroughly all contacts and activities xiv) Terminate successfully any Client that completes the program having followed all program requirement including remaining alcohol and drug free for four (4) concurrent months while in the program while remaining in school, cooperating and abiding with parental rules including curfew xv) Terminate unsuccessfully any Client that fails to comply with his or her case management plan, refuses to attend or enroll in school, uses or threatens to use violence against staff or another Client; brings in illegal or illicit drugs into the program, fails to respond to anon-compliant letter, or is subject to new drug-related charges while in the program. Keep all parties involved in the unsuccessful termination process of any Client. xvi) Provide aftercare services to each Client for six months after the. Client successfully completes the program to offer support to the Client and to help prevent recidivism xvii) Respond to the 15B probation officer, judges, TASC, and court personnel's questions concerning the program and the Clients' status in the program xviii) Administer the program from an office located in the Police Department of the Town of Chapel Hill D. PTA agrees that the County will retain ultimate control and responsibility for the Program Services performed under this contract. PTA further agrees to be bound by and in all respects comply with the conditions set forth in the grant contract between NCDOCCJPP and the County as though it were the grantee under that contract. A copy of the grant contract is attached and incorporated as Exhibit A hereto. III. All Client records, papers, and other documents kept by PTA that are obtained or created pursuant to this contract shall be maintained in a secure place and held confidential and shall only be disclosed as is provided for by law or as necessary for the full implementation of this contract, providing all releases are signed. IV. PTA shall not assign any interest in this contract, whether by assignment or notation, without the prior written consent of the County, except as specified herein. V. This contract may be terminated: 4. 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, P.O. Box 8181, Hillsborough, North Carolina 27278, and as to PTA, Bill Cozart, Chapel Hill Police Dept., Chapel Hill, North Carolina, 27514; 2. 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 PTA as provided here (the cause shall be documented in writing to PTA 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, PTA shall cease work under this contract on the date, and to the extent specified in the notice of termination. The County shall pay PTA the agreed upon amount for the delivery of Program 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. VI. No employee of PTA may participate in a decision with respect to choosing appropriate Program Services for Clients 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. VII. PTA agrees to maintain liability insurance during the term of this contract to the extent required by Chapter 122C of the North Carolina General Statutes. To the extent allowed by law, PTA shall be responsible for its acts and the errors and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third parties, and PTA agrees to indemnify and hold harmless and defend the County from any act or omission of PTA, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties, and PTA 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 PTA, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties which occurs in connection with this Contract. VIII. PTA agrees to record all administrative costs and all costs associated with providing following generally accepted fund accounting procedures. To the extent allowed by law, PTA 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. PTA agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each Client contact. PTA 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 Program Services provided. Reports must be signed by PTA's Program Director or his/her designee. This requirement applies to all personnel paid from funds obtained by PTA pursuant to this Contract. B. Supplies and Other Operating Expenses and Equipment. Documentation must include purchase order authorization and audited vendor invoices approved by PTA's Area Director or his/her designee. PTA further agrees to maintain a current inventory of any County-owned equipment in its possession. IX. 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. PTA shall exercise due caution in the use, maintenance, protection, and preservation of such property during the contract period. Upon the expiration of this contract, all .County property shall be returned. to County within 10 working days. X. Payment and Utilization of Funds A. The County agrees to compensate and reimburse PTA for the Program Services provided pursuant to this contract up to the amount of $44,401 for the Contract Period. In no event shall the maximum liability of the County under this Contract exceed $44,401 for the Contract Period. PTA 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 the Program Services from the North Carolina Department of Correction Criminal Justice Partnership Program and the total obligation of the County under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. B. It is projected that PTA will provide Program Services to approximately 15 Clients during the Contract Period, each receiving Counseling Services during three Counseling Phases of approximately 3 months per Phase, budgeted at $894/Client/Phase. PTA shall be compensated for Program Services based upon the following Payment Rate: $10.00 Per "Day" Per Client "Day" shall be defined as each calendar day that a Client is actively enrolled in a Counseling Phase. A Client shall be deemed to be actively enrolled in a Counseling Phase if the Client actually receives as scheduled the hourly Program Services provided for in Paragraph II.B.ii above. The remaining balance of $4,171 (hereafter "Administrative Costs") will be budgeted as follows: 1. Mileage Reimbursement: $1,095 2. Telephone/Communication: $1,341 3. Printing: $150 4. Office Upkeep: $785 5. Office Equipment: $400 6. Educational Supplies: $400 C. PTA shall submit monthly invoices by the 10th business day of each month for Program Services, including Administrative Costs, in a form and substance acceptable to the County with all of the necessary supporting documentation, prior to any payment. Such invoices shall, at a minimum, include the days each Client is actively engaged in a Counseling Phase, the hours of Program Services provided to the Client, the applicable Payment Rate, the total compensation. requested for the Client, an itemized list of Administrative Costs actually incurred and the total amount due PTA for. the period invoiced. Subject to the limitations set forth above, the County shall pay PTA by check within thirty days of receiving an invoice from PTA. D. In the event that PTA expends any funds pursuant to this contract for the provision of Program Services, 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. PTA agrees that all payments made by the County on behalf of a Client who is receiving Program Services from PTA shall be credited towards the account of that Client. XI. PTA agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. XII. PTA and the County understand that this contract in no way assures or implies continuation of funding or the provision of Program Services beyond the term of this contract. XIII. PTA 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. XIV. This contract contains the entire understanding of the parties and shall not be altered, amended or modified except by an contract in writing executed by the duly authorized officials of both parties. XV. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions. of the contract. XVI. 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 sealed with its corporate seal, and the Project Turn Around has caused this contract to be sided in its name b its Program Director and all authority duly given, this the ~ Y day of ~ ~~/1..~004. ORANGE COUNTY Project Turn Around By: By: Moses Carey, Chair Orange County Board of C issioners Program Director [COUNTY SEAL] ~~r~e ~ ~~.,v.--~-•• ~, r~4 ~AB~®~ ATTEST: onna aker 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. Finance Director, Ken Chavious ~_