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HomeMy WebLinkAbout2003 S Manager - Chatham Alternative Sentincing Inc Criminal Justice Partnership Program 2003-2004 ContractsNORTH CAROLINA ORANGE COUNTY T RETURN THIS COPY TO THE CLERK'S OFFICE ~~~ FOR THE PERMANENT AGENDA FILE AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-CHATHAM ALTERNATIVE SENTENCING INC. 5-~- THIS AGREEMENT madc and cntcrcd into this day o , 2003 by and between Orange County, North Carolina, on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereinafter referred to as "the County", and Orange- Chatham Alternative Sentencing, Inc., hereinafter referred to as "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 ("NCDOCCJPP") to provide services to individuals in the criminal justice systems of Orange and Chatham Counties, including a pre-trial release 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, 2003 to June 30, 2004 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 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 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 Parfriership 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 release 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, 2003 and ending June 30, 2004. The budget for the contract period is as follows: Services Money Personnel $43,000 Operating Expenses $10450 l- Travel $750 Contractual and Other $6,518 Total $60,718 OCAS agrees to provide the County_ with its reimbursement requests by the 10th 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, 2004. 2 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: 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, 3 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. 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 Criminal Justice Partnership Advisory Board. 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. 4 F. This agreement may be terminated 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 OCAS, Joyce Kuhn, Executive Director, 116 S. Churton Street, Hillsborough, North Carolina 27278; 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); 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 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 , 2003. ORANGE COUNTY By: Q'r~G~, a et B own, Chair Orange Co~nty Board of Commissioners ATTEST: l Donna Baker, Clerk to the Board of Commissioners OCAS By:_ ATTEST: 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 6