Loading...
HomeMy WebLinkAbout2012-103 Courts - NC Administrative Office of the Courts for Drug Treatment Court Licensing Agreement 2054.22 Cau.r fs NORTH CAROLINA WAKE COUNTY Drug Treatment Court Licensing Agreement THIS AGREEMENT is made and entered into by and between Orange County Government (hereinafter"the COUNTY")and the North Carolina Administrative Office of the Courts(hereinafter "NCAOC"). WITN ESSETH THAT WHEREAS,the 2011 General Assembly eliminated all state funding for drug treatment courts; WHEREAS, the COUNTY has undertaken the funding of the drug treatment court in Orange County; WHEREAS,the goal of the drug treatment court is to significantly break the cycle of addiction that gives rise to repeated law-breaking episodes and thus, in turn, reduce the alcohol-related and other drug-related court workload; WHEREAS,the COUNTY has elected, pursuant to NCAOC's offer, for the drug treatment court staff to remain on NCAOC's network, use NCAOC's equipment, and rely on NCAOC's ongoing technical support; WHEREAS, the COUNTY desires to pay to the NCAOC the amounts specified herein for the drug treatment court's use of this network, equipment, and support; WHEREAS,the parties hereto have mutually agreed to the terms of this Agreement as hereinafter set out. NOW THEREFORE, in consideration of the terms and conditions hereinafter set forth,the COUNTY does hereby agree to provide funds and the NCAOC agrees to provide equipment and services, as specified hereinafter. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE AS FOLLOWS: I. PERFORMANCE A. Duties of County The COUNTY agrees that it will do the following: 1. Adhere to all applicable provisions of the"Policy for Government Agency Access to NCAOC's Court Data and Information Systems,"incorporated herein by reference. 2. Adhere to the NCAOC"Information Protection Policy,"as specified within the"Policy for Government Agency Access to NCAOC's Court Data and Information Systems,"and consult with designated NCAOC personnel regarding any issues related to these policies and procedures. NORTH CAROLINA ADMINISTRATIVE OFFICE a'4/,,COURTS Orange County Drug Treatment Court Licensing Agreement Page 1 of 9 3. Observe all applicable federal and state laws and administrative rules for the use and protection of data provided under this agreement. 4. Ensure that data accessed from the NCAOC and the equipment and services provided under this Agreement shall be for official use by drug treatment court staff only.The COUNTY assumes full responsibility for the actions of its users. 5. Provide in writing to the NCAOC the names of primary and secondary points-of-contact. Initial points-of-contact must be provided in the"County Points-of-Contact"section below. Subsequent changes to the points-of-contact may be communicated by the COUNTY signatory authority to NCAOC's Deputy Director for Technology and Field Services or his designee,as provided in"Correspondence and Notices,"below. 6. Use the approved NCAOC"Security Approval"form (AOC-A-153)to request access for each drug treatment court user. The NCAOC"Security Approval"form must be signed by the individual user for whom access is requested to indicate acknowledgement and acceptance of NCAOC's security policies and procedures.The form must also be signed by one of the following: a.The signatory authority to this agreement b. His or her designee, named in writing as an addendum to this agreement c. One of the primary or secondary points-of-contact as described above 7. Notify NCAOC's Security Administration team within eight(8) hours of termination of employment of authorized COUNTY personnel so that NCAOC can terminate their access rights. 8. Acknowledge that drug treatment court staff member(s)are the employee(s)of the COUNTY accordingly for all purposes, and shall be under the direction,control, and supervision of the COUNTY. NCAOC is in no way responsible for the administration, supervision, management, or funding of the drug treatment court or its staff. 9. Ensure that the drug treatment court shall not provide information that in any way gives the appearance that the drug treatment court is sponsored or funded by the NCAOC. 10. Agree that all equipment and software provided pursuant to this Agreement are the property of NCAOC. Upon the termination of this Agreement, all property provided to the drug treatment court by the NCAOC will be returned to the NCAOC. B. Duties of NCAOC NCAOC agrees that it will do the following: 1. Provide the voice and data equipment, access, and support outlined in Appendix A. 2. Allow COUNTY access to court data and/or applications appropriate to COUNTY's status as a government entity, as defined in the"Policy for Government Agency Access to NCAOC's Court Data and Information Systems." 3. Provide written user instructions for the court information systems accessed. I NORTH CAROLINA ADMINISTRATIVE OFFICE em"COURTS Orange County Drug Treatment Court Licensing Agreement Page 2 of 9 II. REIMBURSEMENT AND BILLING A. The COUNTY will be responsible for paying NCAOC the monthly fee per person, as specified in Appendix A, for the equipment provided and services rendered. NCAOC reserves the right to change the service and fee schedule at any time, upon sixty(60)days notice to the COUNTY. B. The COUNTY will be invoiced monthly for the fees due; payment is due upon receipt of the invoice. Payments must be made to the"NC Administrative Office of the Courts."The COUNTY will submit payment to the following address in advance, upon receipt of the invoice: The NC Administrative Office of the Courts Financial Services Division—DTC AR P.O. Box 2448 Raleigh, NC 27602 C. If payment is not received within thirty(30)days of the date of the invoice, a late fee, as specified in Appendix A,will be assessed and is due and payable immediately upon notice from the NCAOC. If payment becomes sixty(60)days in arrears,this Agreement will immediately terminate. COUNTY may be permitted to reinstate this Agreement, but reinstatement is within the sole discretion of the NCAOC. In addition to any other condition that the NCAOC deems appropriate, reinstatement is dependent upon COUNTY's payment, prior to reinstatement, of all outstanding amounts due, including the reinstatement fee set out in Appendix A. D. The following information is required for the invoices for monthly fees: Clarence Grier Finance Director Typed or printed name of COUNTY Fiscal Officer Title of COUNTY Fiscal Officer A*1W A Jam. q"bI t-L. Signature of COUNTY Fiscal Officer Date cgrier@co.orange.nc.us 919-245-2151 Fiscal Officer's Email Address _ Fiscal Officer's Telephone Number E. It is understood and agreed between the NCAOC and the COUNTY that the payments specified in this Agreement,their continuation or any renewal or extension thereof, are dependent upon and subject to the allocation, availability, or appropriation of funds by the COUNTY for drug treatment court. If the COUNTY discontinues its funding of drug treatment court,this Agreement will immediately terminate. I NORTH CAROLINA ADMINISTRA ivE OFFICE 'la"COURTS Orange County Drug Treatment Court Licensing Agreement Page 3 of 9 III. CORRESPONDENCE AND NOTICES Any correspondence or notice required or permitted under this Agreement shall be effective if and only if it is in writing. Notice must be given by personal delivery, email, or by United States mail. Correspondence with the COUNTY must be sent to the following: Name: Nancy Coston Address: 113 Mayo St., Hillsborough, NC 27278 Email: ncoston(.co.oranoe.nc.us This signed Agreement and all correspondence to the NCAOC, other than payments, must be sent to the following: North Carolina Administrative Office of the Courts Technology Services Division Attn: Security Administration PO Box 2448 Raleigh, North Carolina 27602 Inquiries regarding security approval forms(see Section I.A.6)or the termination of access rights (see Section I.A.7) may be directed to the Security Administration team at security@_nccourts.org. Inquiries related to billing may be directed to the Remote Public Access team at rpa nccourts.org. Each party must notify the other of any address changes in writing. IV. COUNTY POINTS-OF-CONTACT Points of contact are the only COUNTY personnel, other than the COUNTY signatory authority, allowed to contact the Security Administration team and the Remote Public Access team under this agreement. (Individual users, however, may contact the Help Desk at 919-890-2407 for password resets and other technology issues.) The primary and secondary points-of-contact for the COUNTY are as follows: Primary Contact Secondary Contact Name Nancy Coston John Roberts Title Director County Attorney Division/Section Social Services County Attorney Address Line 1 113 Mayo St. 200 S. Cameron St. City, State and Zip Hillsborough, NC 27278 Hillsborough, NC 27278 Phone 919-245-2800 919-245-2318 Fax 919-644-3005 919-644-3360 Email Address ncostonCcb-co.orange.nc.us iorobertsaco.orange.nc.us ❑ Check here if a list of additional personnel authorized to request access for COUNTY personnel is attached to this agreement in Appendix B. NORTH CAROLINA ADMINISTRATIVE OFFICE W&COURTS Orange County Drug Treatment Court Licensing Agreement Page 4 of 9 V. ENTIRE AGREEMENT This Agreement, including the appendices attached and incorporated herein by reference, is the entire Agreement among the parties, and there are no other agreements, oral,written, expressed, or implied. VI. INDEMNIFICATION The COUNTY agrees to indemnify and hold harmless the NCAOC,the State of North Carolina, and any of their officers, agents, and employees,from any claims of third parties arising out of any act or omission of the COUNTY or the drug treatment court in connection with the performance of this Agreement. VII. LIMITS OF AGREEMENT A. The NCAOC specifically reserves the right, at its sole discretion, to alter operating hours, computer programs, or network services, including application screen and/or display changes, at any time and without prior notice. B. The NCAOC provides no warranties,express or implied,that the information or data accessed is accurate,correct,or complete. C. The NCAOC is not liable for any demand or claim, regardless of form of action,for any damages arising from causes beyond the control and without the fault or negligence of the NCAOC. D. NCAOC is not liable for any demand or claim, regardless of form of action,for any damages resulting from the use by the drug treatment court of any computer networks, equipment, software, or any other item or service provided under this Agreement. NCAOC has no obligation to maintain or upgrade any equipment or programs provided under this Agreement, except as the NCAOC deems necessary. E. The NCAOC shall not be liable for any demand or claim, regardless of form of action,for any damages arising from incorrect or incomplete information or data accessed by the drug treatment court. It is expressly understood by the parties that it is the COUNTY's responsibility to verify information or data obtained through this agreement with the official information reposing at the court of record. F. NCAOC provides no other warranties of any kind or nature,express or implied, in connection with this service. VIII. BINDING EFFECT This Agreement shall be binding upon and will inure to the benefit of the parties and their respective successors,assigns, heirs, and representatives. NORTH CAROLINA ADMINISTRATIVE OFFICE ".-ex"COURTS Orange County Drug Treatment Court Licensing Agreement Page 5 of 9 IX. SEVERABILITY If any term or condition of this Agreement or the application thereof to any person(s)or circumstances is held invalid,such invalidity shall not affect other terms,conditions, or applications that can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable. X. GOVERNING LAW AND SITUS This Agreement shall be governed in accordance with the laws of the State of North Carolina, and any action brought to enforce or dispute this Agreement shall be brought in Wake County, North Carolina. XI. MODIFICATION AND TERMINATION This Agreement may be amended by written agreements executed by the parties.The parties agree to act in good faith to facilitate such agreement amendments as may be necessary from time to time. The term of this Agreement shall begin on the date of its execution and shall continue until terminated by either party.This Agreement may be terminated without cause by the NCAOC or the COUNTY upon giving thirty(30)days'notice in writing or by mutual consent of both parties. If the COUNTY violates any of the agreements or stipulations of the Agreement,the NCAOC may terminate this Agreement for cause,without prior notice. (Remainder of page intentionally left blank) I NORTH CAROLINA, ADMINISTRATIVE OFFICE 1W5e COURTS Orange County Drug Treatment Court Licensing Agreement Page 6 of 9 XII. SIGNATURES Note: The undersigned hereby states that he or she has the legal authority to bind COUNTY contractually, is an appropriate signatory authority as defined in the"Policy for Government Agency Access to NCAOC's Court Data and Information Systems,"and agrees to all of the terms of this Agreement and those incorporated by reference. IN WITNESS WHEREOF,the parties or their duly authorized representatives have executed this Agreement, in duplicate originals, as of the date first written below. This the 7d day of �ip r' l ' 2012. COUNTY: Orange County BY: Frank CI , Manage This i istrument has been a roved as to form and legal sufficiency. J�ffi L. Roberts, County Attorney This instrument has been approv o technical content. Nan n, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C 4"A-C, 1J. /u. Clarence Grier, Finance Director NORTH CAROL A ADMINISTRATIVE OFFICE OF THE COURTS BY: \ Basil McVey , Deputy Dir for for Technolog and Field Services =qNORTH CAROLINA ADMINISTRATIVE OFFICE b nfW COURTS Orange County Drug Treatment Court Licensing Agreement Page 7 of 9 APPENDIX A SERVICES AND FEES (Effective November 1,2011) Equipment and Services Provided by NCAOC Fees For each em to ee: Desktop and software Network printer access Access to the MIS system Access to court informations stems,as a22ropriate Phones stem access Technical supp2rt for all systems Life cycle replacements of all systems, as required Monthly Fee; $85.61 Per em to ee Other Fees Late fee/per month $30.00 Reinstatement fee $35.00 NORTH CAROLINA A.DMIN1STRATIVE OFFICE TS Orange County Drug Treatment Court Licensing Agreement Page 8 of 9 &"4,COU R