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HomeMy WebLinkAbout1998 S Manager - Agreement between Orange County and Orange-Chatham Alternative Sentencing 02-17-1998-8f NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-CHATHAM ALTERNATIVE ORANGE COUNTY SENTENCING THIS AGREEMENT made and entered into this the 17th day of February, 1998 by and between Orange County, North Carolina, on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereinafter referred to as the "County" and the Orange-Chatham Alternative Sentencing, Inc . , hereinafter referred to as "OCAS" ; 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 to provide pre-trial release services for individuals in the criminal justice systems of Orange and Chatham Counties and which provides that these grant monies may be spent through contracting with private for-profit or private non-profit agencies to provide these services; and WHEREAS, OCAS is a non-profit agency which provides pre-trial release services within the criminal justice systems of Orange and Chatham Counties; and WHEREAS, the County desires to contract with OCAS to operate its pre-trial release program as a part of the Orange-Chatham community based corrections plan; and WHEREAS, OCAS desires to provide these services for the County. 1 NOW THEREFORE in consideration of the premises and of the following mutual promises, covenants and conditions, the County and OCAS agree as follows : I A. OCAS agrees for a period ending June 30, 1998 to continue to operate its pre-trial release program. The activities during this period shall include: 1) personnel recruitment, if necessary; 2) implementing methods and schedules established with criminal justice officials; 3 ) maintaining its fiscal accounting system for the operation of this project; 4) maintaining its advisory board; 5) revising as necessary its forms for intake and release; 6) interviewing inmates and conducting screenings of inmate interviews to determine suitability of the procedures developed. 7) assist with the Orange County Sheriff ' s work furlough program by initiating interviews to develop approximately 10 community service placements in Orange County and to provide the Orange County Sheriff ' s office information from the pre-trial interview in order to determine appropriate conditions for work furlough. B. OCAS agrees to continue its monitoring and evaluation mechanism for this program to include necessary documentation and records including data collection on: 2 1) number of offenders confined in jails ; 2 ) number of offenders screened; 3 ) number of offenders released pre-trial ; 4) number of offenders supervised as a condition of release; 5) number of offenders who appear on scheduled court date. OCAS agrees to provide the results of its monitoring and evaluation for this program to County upon request of County. C. OCAS further agrees to maintain accurate records regarding the services provided pursuant to this contract . OCAS agrees to allow the County to inspect these records at any time necessary. OCAS agrees to assist the County by providing any information required pursuant to any audit conducted by the North Carolina Department of Correction Criminal Justice Partnership Program pursuant to the grant award contract between the County and the North Carolina Department of Correction Criminal Justice Partnership Program. D. OCAS agrees that the County will retain ultimate control and responsibility for the services performed under this agreement . It further agrees to be bound by the conditions set forth in the grant contract between North Carolina Department of Correction Criminal Justice Partnership Program and the County. E. Each party agrees to be responsible for its own liabilities and that of its officers, employees, agents or representatives arising out of this agreement . 3 F. Any equipment purchased by County to be used by OCAS in fulfilling its obligations under this contract will remain the property of the County and will revert back to the control of the County at termination of this contract . G. This agreement may be terminated by either party with or without cause by giving thirty (30) days prior written notice. The thirty (30) day termination period shall commence on the date of receipt of the notice by the affected party. H. The County agrees to reimburse OCAS for the services performed pursuant to this contract as billed up to the amount of $89, 973 . 00 for services through June 30, 1998 . OCAS agrees that these monies to be paid by County pursuant to this paragraph are contingent upon receipt by County of grant funds from the North Carolina Department of Correction Criminal Justice Partnership Program and if monies are not received pursuant to that grant, County will have no liability for payment under this agreement . I . This agreement shall run until June 30, 1998 . It is not renewable and OCAS acknowledges it has no expectation of continued funding of these services beyond June 30, 1998 . Any further funding by County for pre-trial release services shall be the subject of a new agreement . J. OCAS and the County agree that each party will comply with such non-discrimination laws as may be applicable to them in the performance of this contract . K. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an 4 agreement in writing executed by the duly authorized officials of both parties . L. The laws of North Carolina shall 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 17th day of February, 1998 . ORANGE COUNTY By: Mardare W. Brown, Chair Orange tounty Board of Commissioners AT [SEAL] ON Beverly 4k. Blythe, Clerk to the Board of Commissioners ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC . • By 7 ATTEST: [SEAL] lsg-11 ocas .con 5