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HomeMy WebLinkAbout2002 S Manager - Criminal Justice Partnership Program (CJPP) Contracts McCauley Family Learning Center;3~~9~dZ NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND MCCAULEY FAMILY LEARNING CENTER ORANGE COUNTY THIS AGREEMENT made and entered into this 19th day of March, 2002 by and between Orange County, North Carolina, on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereinafter referred to as "the County", and McCauley Family Learning Center, hereinafter referred to as "MFLC." 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 certain individuals in the criminal justice systems of Orange and Chatham Counties, including a behavioral intervention program for CJPP-Eligible Intermediate Punishment Offenders; 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, MFLC is an agency which provides behavioral intervention program services; and WHEREAS, the County desires to contract with MFLC to provide behavioral intervention program services to qualified CJPP-Eligible Intermediate Punishment Offenders, hereinafter referred to as "Client(s)," as part of the Orange-Chatham community-based corrections plan; and WHEREAS, MFLC desires to provide these services for the County. NOW THEREFORE in consideration of the following mutual promises, covenants and conditions, the County and MFLC agree as follows: A. MFLC agrees for the period of January 1, 2002 to June 30, 2002 to operate its Three-Day and Five-Day behavioral intervention program seminars. The program activities during this period shall, except as e~xpressly provided in this agreement, correspond with all related activities described in the grant contract between North Carolina. Department of Corr cti~n 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. A CJPP-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 of post-release supervision after completing an active sentence of imprisonment. 2. 15-B Department of Community Corrections (DCC)/MFLC shall make an initial determination as to whether an individual is a CJPP- Eligible Intermediate Punishment Offender qualified to participate in the CJPP/MFLC program; DCC/MFLC 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 MFLC. 3. Each Client, and family members of the Client, consisting of sons of Clients who are fathers and daughters of Clients who are mothers, shall receive Client Services at a Scheduled Workshop conducted in English and/or in Spanish for groups of Clients as appropriate at the McCauley Family Learning Center in Burlington, NC, or at any other site that is mutually agreeable to MFLC and the County. The objectives, schedule and content of the Scheduled Workshop is more particularly described in Exhibits B, C & D. 4. MFLC will maintain close contact with the officers of the Division of Community Corrections. These contacts will consist of written and oral communication in the referral process and through termination reports prepared by MFLC at the close of each workshop. 5. MFLC agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each client contact. B. The County agrees to reimburse MFLC for the services provided pursuant to this agreement up to the amount of $30,682.00 for the period beginning January 1, 2002 and ending June 30, 2002. The monthly reimbursements to MFLC provided for below shall include payment of fees for Scheduled Workshops in the previous month in the amount of $300.00 for each Client scheduled for aThree-Day Workshop and $375.00 for .each Client scheduled for a Five-Day Workshop. The budget for the contract period is as follows: Services Mone Workshop Instruction Contracted $28,000.00 Accountant $250.00 Office Supplies $282.00 Computer Supplies $300.00 2 Printing and Stationary Paper $250.00 Toner @ 1 cartridge per month $550.00 Inkjet Cartridges $200.00 Letterheads and Envelopes $50.00 Telephone Charges $800.00 Total $30,682.00 MFLC 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 MFLC for all reimbursable expenses invoiced by August 15, 2002. 1. MFLC 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. MFLC 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 MFLC in writing of the approval. c. Written approval by the County is also required for any change in the scope of the behavioral intervention program 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, MFLC 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, MFLC determines that the agreed-upon costs need to be adjusted, MFLC 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. 3 e. In the event that MFLC 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. MFLC agrees to maintain accurate records regarding the services provided pursuant to this agreement. MFLC agrees to allow the County to inspect these records at any time necessary. MFLC 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 MFLC 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. MFLC agrees that the County will retain .ultimate control and responsibility for the services performed under this agreement. MFLC 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. MFLC 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 MFLC and any and all individuals working .with MFLC against any claim or claims for damages arising out of personal injuries or death occasioned by MFLC, its principals, agents and/or employees. MFLC will investigate any formal written complaints brought to its attention by participants. MFLC 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. MFLC shall notify the County of any cancellation or material change in insurance coverage which takes effect during ._ the performance of this agreement. If MFLC changes insurance providers during the performance period of this agreement, MFLC shall provide evidence that the County will be indemnified to the limits specified here for the entire performance 4 period of this agreement, either under the new policy or a combination of old and new policies. MFLC 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 MFLC premises. MFLC agrees to indemnify and hold harmless and defend the County from any act or omission of MFLC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter MFLC premises, and MFLC 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 MFLC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter MFLC premises which occurs in connection with this agreement. 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 MFLC, Jean McCauley, 317 S. Main, Burlington, North Carolina 27215; 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 MFLC as provided here (the cause shall be documented in writing to MFLC 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, MFLC shall cease work under this agreement on the date, and to the extent specified in the notice of termination. The County shall pay MFLC 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 5 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. OPC 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. 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. H. No employee of MFLC may participate in a decision with respect to choosing appropriate services for MFLC 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. I. 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. J. 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. K. 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/u~ 2002. ORANGE COUNTY 6 .~ By: arry J s, air Orange ounty d o Commissioners ATT ~~ ~ /~J\ ~~' 4 ~~r~~ ~'.&~ti°~a everly Blythe, Clerk o the Board of Commissioners MFLC By: ATTEST: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ~~.~---- ~'-~/~ l finance Director 7