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HomeMy WebLinkAbout2011-319 DSS - Chatham County - NC Dept. of Corrections, Criminal Justice Agreement r EcOply 2011-2012 CHATHAM COUNTY CRIMINAL JUSTICE AGREEMENT .SLrc'r b This Agreement, (this "Agreement") made and entered into the 2:day of August, 2011,by and between the County of Orange, a political subdivision of the State of North Carolina, located at 200 South Cameron Street, Post Office Box 8181, Hillsborough, North Carolina, 27278, ("Orange County") and County of Chatham, a political subdivision of the State of North Carolina, located at 12 East Street, Post Office Box 1809, Pittsboro, North Carolina 27312. ("Chatham County"). Either Orange County or Chatham County may be referred to herein a"Party" or a"County" and collectively as the "Counties" or the"Parties"; WITNESSETH: WHEREAS, the North Carolina General Assembly enacted the State-County Criminal Justice Partnership Act which established community based correction programs and through the Department of Corrections awards community corrections grants to those counties which voluntarily apply for funding;and Whereas, it is in the interests of both Orange County and Chatham County that a community based corrections programs be available in each County and thereby enhance its availability to residents of the Counties, and that such programs address important community human services need,as identified by each Board of Commissioners; and WHEREAS, Orange and Chatham Counties have joined together to apply for and receive Criminal Justice Partnership Program grant funds with which to provide funding for community based correction programs in Orange and Chatham Counties;and WHEREAS, Orange and Chatham Counties have agreed that Orange County will be the fiscal agent for any grant funds received;and 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,Chatham County desires,and both Parties agree,to use the portion of the NCDOCCJPP grant allocated to Chatham County to provide funding for the Chatham County 360 Program which provides services to individuals in the intermediate punishment population in Chatham County;and WHEREAS,the Chatham County 360 Program ("Chatham 360") will use the NCDOCCJPP allocation of funds to provide a continuum of care for eligible Intermediate sanctioned offenders including Modified Intensive Outpatient services and Cognitive Behavior Intervention (CBI) Services in Chatham County; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, Orange County and Chatham County agree as follows: 1469755 1. Term .of the Agreement. The term of this Agreement shall be a program year beginning July 1,2011 and ending June 30, 2012. 2. Scope of Services. a. Chatham County will provide services, as outlined in the attached Criminal Justice Partnership Program Response to Request for Proposal submitted by Chatham County and any amendments or revision thereto which is attached as Exhibit"A"and incorporated by reference, as well as the services provided below to the CJPP-eligible intermediate punishment offender population in Chatham County. The Scope of Services may be different from the original application based on State appropriation;however,any revisions or amendments to this Agreement must be approved in writing by the Parties and attached to this Agreement. b. A CJPP-ehgible intermediate punishment offender is defined as an adult offender convicted of a misdemeanor or a felony offense who received a non- incarcerative sentence of an intermediate punishment or who is serving a term of post-release supervision after completing an active sentence of imprisonment. c. District 15-B Department of Community Corrections shall make an initial determination as to whether an individual is eligible to participate in the CJPP program;Treatment Alternatives to Street Crimes ("TASC") will assess eligible individuals in order to determine the services needed by these individuals and refer these individuals ("Clients") as appropriate to Chatham 360. d. Chatham County agrees to provide services to clients in Chatham County as provided in Exhibit A. e. Chatham County shall be solely responsible for the means,methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. Orange County agrees to appropriate and pay to Chatham County funds for the provision of services described in Section 2, Scope of Services. b. All funds appropriated shall be used for purposes described in Section 2, Scope of Services. Any funds not used for the purposes stated shall be returned to Orange County. Any substantive changes in the use of funds must be authorized in writing by Orange County prior to any expenditure of the funds by Chatham County. If any funds are expended not in accordance with the Scope of Services, at the discretion of Orange County, Chatham County may be required to repay such funds to Orange County. 1469755Chatham County Orange County Ageng Performance Agreement Page 2 of 9 c. Orange County's obligation to make each payment is contingent upon monthly receipt of program activity information by the Partnership and the Division of Community Corrections as well as satisfactory progress toward completion of performance as detailed in the attached Scope of Services. d. Chatham County agrees that monies to be paid by Orange .County are contingent upon receipt by Orange 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 Orange County under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. e. Orange County agrees to reimburse Chatham County for the operations costs and services provided pursuant to this contract up to the amount of$65,416 for the period beginning July 1, 2011 and ending June 30,2012. f. Chatham County shall invoice Orange County by the 15`''business day of each month for contract expenses paid in the previous calendar month. Orange County agrees to reimburse Chatham County each month for all reimbursable expenses invoiced for the previous month. All contract expenses shall be invoiced by August 15, 2012. The invoice shall include fees for all services provided by Chatham 360,including administrative fees. Orange County shall pay Chatham County by check within thirty days. g. In the event that Chatham County expends any funds pursuant to this Agreement 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 be non-reimbursable, such costs shall be considered non-reimbursable by Orange County. h. Chatham County agrees that all payments made by Orange County on behalf of a member of the intermediate offender population who is receiving services from Chatham 360 shall be credited towards the account of that offender. Chatham County 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 Chatham County shall only invoice Orange County for that portion of the cost of services not reimbursed by such other health benefits plan. i. Orange County is not obligated to provide any other support to Chatham County under this Agreement in this or in succeeding fiscal years. 4. Agency Reporting. a. Chatham County will provide the Orange County Department of Social Services' Community Outreach and Education Division a monthly report of 1469755Chatham County Orange County Agency Performance Agreement Page 3 of 9 program activity information which also includes a fiscal report with monthly invoices. Monthly reports should be submitted by the 15,`of each month. b. Reports shall be forwarded to the Orange Department of Social Services, Community Outreach and Education Office. c. Chatham County agrees to allow Orange County to inspect its financial books and records,which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. In the event of any of the circumstances set forth below (hereinafter referred to as "default"), Orange County may immediately, but in any event within 30 days.of becoming aware of the default, terminate this Agreement,in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Chatham County shall fail to render a satisfactory accounting as provided section 4 above, Orange County may terminate this Agreement and Chatham County shall return all payments already made to it by Orange County for services which have not been provided or for which no satisfactory accounting has been rendered; or ii. In the event of any fraudulent representation by Chatham County in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iii. Nonperformance,incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by Orange County in its reasonable discretion. iv. Failure to adhere to the terms of applicable county, state or federal laws,regulations, or stated public policy related to this Agreement. b. In the event of default by the Chatham County, Orange County may elect to terminate this Agreement,in whole or in part and/or require Chatham County to repay the funds within seven (7) working days from written notice of default. Provided, however, notwithstanding the foregoing, Orange County shall grant Chatham County 15 business days from written notice of default to cure any default prior to termination of this Agreement. Except for the foregoing cure period, this clause shall not be interpreted to limit either County's remedies in law or in equity. 1469755Chatham County Orange County Agency Performance Agreement Page 4 of 9 c. The failure of Orange County to secure funds from the North Carolina Department of Corrections Criminal Justice Partnership Program for this Agreement shall be grounds for immediate termination by Orange County, without penalty to either party. d. Notwithstanding the foregoing, either party may terminate this Agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to Orange County within 10 days of termination. e. 6. Insurance. a. General Requirements. Chatham County shall purchase and maintain, during the period of performance of this Agreement,insurance: i. Worker's Compensation. For protection from claims under workers' or workmen's compensation acts; ii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury,including bodily injury, sickness, disease or death of any of Chatham County's employees or any other person and to real and personal property including loss of use resulting thereof; iii. Comprehensive Automobile Liability Insurance,including hired and non-owned vehicles,if any, covering personal injury or death,and property damage;and iv. Professional Liability Insurance, covering personal injury,bodily injury and property damage and claims arising out of or related to the performance under this Agreement by Chatham County, or its agents, consultant, and employees.. b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A-Statutory State NC &Coverage B - Employers Liability $500,000 each accident, disease policy limit and disease each employee I 1469755Chatham County Orange County Agency Performance Agmement Page 5 of 9 • Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate • Automobile Liability $500,000 Combined Single Limit • Professional Liability $1,000,000 Each Occurrence $2,000,000 Aggregate c. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name Orange County as an additional insured party and as a certificate holder. Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 d. Nothing in this section is intended to affect or abrogate either County's sovereign immunity defenses. 7. Relationship of the Parties. Chatham County is an independent contractor under this Agreement. Chatham County represents that it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with Orange County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. 8. Compliance with all Laws. Chatham County, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers that relate to this Agreement, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this Agreement. 9. Subcontract. Orange County and Chatham County deem the services provided under this Agreement to be personal in nature and Chatham County may subcontract any rights or duties under this Agreement so long as it provides a written copy of the contract to Orange County. Chatham County has provided Orange County a copy of the contract with its subcontractor entered into prior to the date of this Agreement. The existing contract and subcontractor, have been approved by Orange County. Prior to engaging additional or different subcontractors Chatham County will provide Orange County a copy of said contract. Orange County must, within ten business days of receipt of said contract, provide written objection to the contract or subcontractor, or both shall be deemed approved by Orange County. 1469755Chatham County Orange County Agency Performance Agreement Page 6 of 9 10. Assignment. Chatham County shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of Orange County, which consent may not be unreasonably withheld, conditioned, or delayed. 11. Indemnification. Chatham County agrees to defend, indemnify, and hold harmless Orange County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury,including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Chatham County, except to the extent same are caused by the negligence or willful misconduct of Orange County. Orange County agrees to defend, indemnify, and hold harmless Chatham County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Orange County, except to the extent same are caused by the negligence or willful misconduct of Chatham County. It is the intent of this section to require each County to indemnify the other County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate either Orange County or Chatham County's sovereign immunity defenses. 12. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. 13. Non-Discrimination. Both parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, gender, national origin, age, handicap, and religion with reference to any activities carried out by the grantee, no matter how remote. This provision is enforceable by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on both Counties and their respective successors and assigns. 14. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. The County's living wage is $10.12 per hour. 15. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to Orange County and Chatham County. All notices required and/or made pursuant to this Agreement to be given to either Party shall be in writing and mailed to the party addressed as follows: Orange County: Department of Social Services Chatham County Community Outreach and Education Office Chatham 360 Post Office Box 8181 Post Office Box 1809 Hillsborough,NC 27278 Pittsboro,NC 27312 Attn: Sharron Hinton Attn: Renee Paschal 1469755Chatham County Orange County Agency Performance Agreement Page 7 of 9 16. Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire Agreement between the parties and shall supersede, replace or nullify any and all prior Agreements of understandings;written or oral,relating to the matters set forth herein, and any such prior Agreements or understandings shall have no force or effect whatsoever on this Agreement. Orange County and Chatham County have read this Agreement and agree to be bound by all of its terms, and further agree that this Agreement constitutes the complete and exclusive statement of the Agreement between Orange County and Chatham County. 17. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 18. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall he in North Carolina Judicial District 15-B. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either of the parties. [SIGNATURES ON FOLLOWING PAGE] 1469755Chatham County Orange County Agency Performance Agreement Page 8 of 9 IN WITNESS WHEREOF, the Orange County and the Chatham County have signed this Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. Ford on behalfofChatharn County 2 _� /0 kuuc rne, un Date For and on behalf of Orange County Government (� .. M— l� �—rY — ct Frank W. Clifton, Jr'0C Manager Date Approved as to technical content Nancy Coston,DSS Director Date lVefteM000r),form and legal sufficiency l0 13 11 Staff Attorney Dat This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Clarence Grier, Financial Services Director Date 1469755Chatham County Orange County Agency Performance Agreement Page 9 of 9