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HomeMy WebLinkAbout2002 S Manager - Criminal Justice Partnership Program (CJPP) Contracts Orange Person Chatham Mental Health Developmental Disabilities & Substance Abuse Authority3-l9-vim ~~/~ CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND ORANGE PERSON CHATHAM MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY THIS CONTRACT is made and entered into the 19th day of March, 2002, between The County of Orange ("the County") and The Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority ("OPC"). 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 OPC to provide case management, referral, and treatment services for individuals in the intermediate punishment population in Orange County and Chatham County; and WHEREAS, OPC desires to arrange for or provide case management, referral, and treatment services through its Treatment Alternatives to Street Crime program; WHEREAS, OPC, CJPP and the Counties recognize the need to actively investigate and respond to the needs of the non-English speaking intermediate punishment population. NOW THEREFORE, IT IS MUTUALLY agreed as follows: I. This contract shall be effective for the period of July 1, 2001 through June 30, 2002. II. OPC agrees to provide case management and referral services 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. 15-B Department of Community Corrections (DCC)/OPC shall make an initial determination as to whether an individual is eligible to participate in the CJPP program; OPC will assess eligible individuals in order to determine the services needed by these individuals and refer clients as appropriate to treatment programs and services offered by OPC or through subcontracts between OPC and other agencies. C. The services provided by OPC shall include, but are not limited to, referral to appropriate residential treatment substance abuse programs, mental health programs, and regular and intensive outpatient services. D. OPC agrees that the County will retain ultimate control and responsibility for the services performed under this contract. OPC 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. III. Orange County, as lead fiscal county, agrees to reimburse OPC on a monthly basis for the services that OPC, itself or through a third party provider, provides to the intermediate punishment population, and to reimburse OPC for the administrative costs associated with these services as was previously agreed. The administrative costs associated with dispersal to both third party subcontractors and OPC will be broken out into the agreed upon format by line item. IV. Prior to implementation of this contract, OPC shall submit to County an estimate of the administrative costs associated with this contract and estimates for the services that will be provided to the intermediate punishment population, either by OPC or by a third-party. If, during the course of this contract, OPC determines that the agreed-upon costs need to be adjusted, OPC 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 NCDOC CJPP administration. V. OPC agrees that it will be responsible for maintaining records of all individuals to whom it provides services; all individuals for whom it contracts with third parties for services; and all individuals for whom it provides case management services. VI. All client records, papers, and other documents kept by OPC or a third party with which OPC has contracted for provision of services to the intermediate punishment population 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 contract. VII. OPC 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. VIII. OPC may enter into such third party contracts as are necessary to provide services to the intermediate punishment population in Orange County and Chatham County. Any contracts entered into by OPC shall comply with all applicable provisions of Chapter 122C of the North Carolina General Statutes and T10:14C.1010 of the North Carolina Administrative Code. The County may inspect any third-party contract entered into for the benefit of a member of the 2 intermediate punishment population in Orange County and/or Chatham County as it deems necessary. IX. This contract maybe 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 OPC, Thomas Maynard, 101 E. Weaver Street, Suite 300, Carrboro, North Carolina, 27510; 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 OPC as provided here (the cause shall be documented in writing to OPC 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, OPC shall cease work under this contract on the date, and to the extent specified in the notice of termination. The County shall pay OPC 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. X. No employee of OPC or of any agency with which OPC contracts to provide services to offenders 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. XI. OPC 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, OPC 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 OPC agrees to indemnify and hold harmless and defend the County from any act or omission of OPC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties, and OPC 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 OPC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties which occurs in connection with this contract. XII. OPC agrees to record all administrative costs and all costs associated with providing services to the intermediate offender population following generally accepted fund accounting procedures. To the extent allowed bylaw, OPC 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. OPC agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each client contact. OPC 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 until June 30, 2005. 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 OPC's Area Director or his/her designee. This requirement applies to all personnel paid from funds obtained by OPC pursuant to this contract. B. Contractual Services: For individual contractual service providers, documentation must include the signed contract, time and attendance reports showing time period, payment rate, hours per day and service(s) provided. Documentation must be signed by the contractual service provider and the project director. In case of organizations performing professional services, documentation must include a detailed billing indicating services performed or products delivered, payment rate consistent with contractual agreement, and approval by OPC's Area Director or his/her designee. C. Supplies and Other Operating Expenses and Equipment. Documentation must include purchase order authorization and audited vendor invoices approved by OPC's Area Director or his/her designee. OPC further agrees to maintain a current inventory of all County-owned equipment in its possession. XIII. 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. OPC 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. 4 XIV. Payment and Utilization of Funds A. OPC 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 contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. B. The County agrees to reimburse OPC for the services provided pursuant to this contract up to the amount of 25 000 for the period beginning July 1, 2001 and ending June 30, 2002. C. OPC shall invoice the County by the l Oth business day of each month for contract expenses paid in the previous calendar month. The County agrees to reimburse OPC for all reimbursable expenses invoiced by August 15, 2002. The invoice shall include fees for all services provided by OPC, including administrative fees, and all sums expended by OPC for services from third party providers. D. County shall pay OPC by check within thirty days. E. In the event that OPC 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 benon-reimbursable, such costs shall be considered non-reimbursable by the County. F. OPC 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, to the extent allowed by law, the obligation of the County under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. G. OPC agrees that all payments made by the County on behalf of a member of the intermediate offender population who is receiving services from OPC, or a third party provider under contract to OPC, shall be credited towards the account of that offender. OPC 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 - OPC shall only invoice the County for that portion of the cost of services not reimbursed by such other health benefits plan. XV. OPC agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. XVI. OPC 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. XVII. OPC 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. XVIII. 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. XIX. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions of the contract. XX. 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 Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority has caused this contract to be signed in its n e by its Area and all authority duly given, this the day of cw 2002. ~- ORANGE COUNTY Orange Person Chatham Mental Health Developmental Disabilities and Substar Abuse Authority _ ~ By: By: ~homas Maynard Area Director ATTEST• (~C, . Beverly A lythe Clerk to the Orange County Board of Commissioners 6 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. .~ --~. finance Director 7