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HomeMy WebLinkAbout2011-318 DSS - Freedom House Recovery Center, Inc. Service Agreement ply 2011-2012 FREEDOM HOUSE RECOVERY CENTER AGREEMENT This Agreement,made and entered into the 15'h day of March 2011,by and between the County of Orange, a political subdivision of the State of North Carolina, 200 South Cameron Street, Hillsborough, North Carolina, 27278, ("County") and Freedom House Recovery Center, Inc, ("FH"), a not-fox-profit corporation, located at 104 New Stateside Drive,Chapel Hill,North Carolina 27516. ("Provider") WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the Board of Commissioners; 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, the aforementioned Counties desire to use some portion of the NCDOCCJPP grant to contract with FH to provide a continuum of care through a Resource Center for individuals in the intermediate punishment population in Orange County;and WHEREAS, the FH Resource Center.("FHRC") desires to provide a continuum of care for eligible Intermediate sanctioned offenders including Intensive Outpatient services,Detox, Residential Placement,and Cognitive Behavior Intervention (CBI) Services. NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth,the County and FH agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a program year beginning July 1,2011 to June 30, 2012. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Criminal Justice Partnership Program Application for Continuation of Implementation Funding 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 Orange 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 County and attached to this Agreement. b. A CJPP-eligible 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 the FHRC. d. FH agrees to provide Intensive Outpatient Treatment("IOP") services to Clients, with services being provided to Clients in groups of up to 30 Clients that meet at least three evenings per week, for a period of at least three hours per group: Participants will also be required to attend additional Alcoholics Anonymous and Narcotics Anonymous programs at least two other evenings a week. It is estimated that approximately 60 Clients will complete an anticipated length of stay in the program of approximately 120 days each, depending upon their assessment. e. In addition to IOP services,the FH also agrees to provide additional services to Clients including: i. Assessment ii. Support Services iii. Aftercare Services iv. Drug Screening V. Detox and Halfway House Services vi. Educational Services vii. Job Development, Housing and Life Skills Services viii. Domestic Violence Support and Counseling ix. Other services specified in the CJPP Application. e. The Provider 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. The County agrees to appropriate 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 the County. Any substantive changes in the use of fiords must be authorized in writing by the County prior to any expenditure of the funds by Freedom House Recovery Center Orange County Ageng Performance Agreement Page 2 of 10 the Provider. If the funds are expended not in accordance with the Scope of Services, at the discretion of the County, the Provider may be required to repay the funds to the County. c. The County's obligation to make each payment is contingent upon monthly receipt of program activity information to 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. FH 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. e. The County agrees to reimburse FH for the operations costs and services provided pursuant to this contract up to the amount of J24-,584 for the period beginning July 1, 2011 and ending June 30, 2012. f. FH shall invoice the County by the 10th business day of each month for contract expenses paid in the previous calendar month. The County agrees to reimburse FH for all reimbursable expenses invoiced by August 15, 2012. The invoice shall include fees for all services provided by FH, including administrative fees. County shall pay FH by check within thirty days. g. In the event that FH 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 be non-reimbursable, such costs shall be considered non-reimbursable by the County. h. FH agrees that all payments made by the County on behalf of a member of the intermediate offender population who is receiving services from FH shall be credited towards the account of that offender. FH 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 FH shall only invoice the County for that portion of the cost of services not reimbursed by such other health benefits plan. i. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. Freedom House Recovery Center Orange County Agency Per Agreement Page 3 of 10 a. Provider will provide the Orange County Department of Social Services' Community Outreach and Education Division a monthly report of program activity information which also includes a fiscal report with monthly invoices. Monthly reports should be submitted by the 10`'' of each month. b. Reports shall be forwarded to the Orange Department of Social Services, Community Outreach and Education Office. c. Provider agrees to allow the 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"), the County may immediately 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 Provider shall cease to exist as an organization or shall enter bankruptcy proceedings,be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered;or iii. In the event of any fraudulent representation by the Provider 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. iv. 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 the County in its sole discretion. v. Failure to adhere to the terms of applicable county,state or federal laws,regulations, or stated public policy. Freedom House Recovery Center Orange County Agency Per Agreement Page 4 of 10 vi. Failure of the County to secure grant funds from the North Carolina Department of Corrections Criminal Justice Partnership Program for this Agreement. b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within seven (7) working days from written notice of default. The County may (but shall not be required to) grant the Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County's remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the 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 the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. 6. Insurance. a. General Requirements. the Provider 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 the Consultant'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 the Consultant or his agents, consultants and employees. b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE Freedom House Recovery Center Orange County Agency Perfomsance Agreement Page 5 of 10 • 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 • 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 the 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 the County's sovereign immunity defenses. 7. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at their own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the 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. The Provider, 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,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. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. 10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. Freedom House Recovery Center Orange County Age.g Performance Agreement Page 6 of 10 11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the 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 the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Provider to indemnify the County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate the 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. Provider agrees as part of consideration of the granting of funds by Orange County the 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, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. 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. To the extent possible, Orange County recommends that FH provide a living wage to its employees. 15. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to the County and the Provider. All notices required and/or made pursuant to this Agreement to be given to the County and the Provides shall be in writing and mailed to the party addressed as follows: County: Department of Social Services Provider: Freedom House Recovery Community Outreach and Education Office Recovery Center Post Office Box 8181 104 New Stateside Drive Hillsborough,NC 27278 Chapel Hill,NC 27516 Attn: Sharron Hinton Attn: Trish Hussey 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 affect whatsoever on this Agreement. The County and Provider have Freedom House Recovery Center Orange County Agency Performance Agreement Page 7 of 10 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 the County and Provider. 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 lie in Orange County, North Carolina. 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] Freedom House Recovery Center Orange County Agency Performance Agreement Page 8 of 10 IN WITNESS WHEREOF, the Orange County and the Provider 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. on ehalf of Freed n, ;Mouse Recovery Center Trish Hussey,Executive Director date For and on behalf of Orange County Government (--)AkWx-k Iv - Frank W. hfton, CoAntyY4anager Date ATTEST Donnd Baker, Clerk Date Approved as to technical content � -C(Xcy ton, DSS Director Date App o ed t orm and legal sufficiency (� i3ll Ann e M. Moore, Staff Attorney Date This instrument has been pre-audited in the manner required by the Local Government Bud et and Fiscal Control Act � G ,,,M, J. f �z�� u Clarence Grier, Financial Services Director Date Freedom House Recovery Center Orange County Agency Performance Agreement Page 9 of 10 ATTACHMENT "A" Orange County Certifications—FY 2012 Freedom House Recovery Center Performance Agreement Chief Contact,Administrators, Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact, administrators, chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name, title, residential address; phone and email address and if possible, fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing, with the name, physical address, mailing address and if possible,phone, fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County, and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not,please explain on a separate sheet of paper. Alignment with Organization's Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: Title: Date: Freedom House Recovery Center Orange County Agency Per Agreement Page 10 of 10