Loading...
HomeMy WebLinkAboutAgenda - 11-04-1996 - 8i i 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. -1 ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 1996 SUBJECT: CJPP Contract: Freedom House DEPARTMENT: County Manager PUBLIC HEARING: YES: NO: X BUDGET AMENDMENT: YES: X NO: ATTACHMENT(S): Contract INFORMATION CONTACT: Sharron Siler ext. 2300 TELEPHONE NUMBERS: Hillsborough -732-8181 Chapel Hill -968-4501 Durham -688-7331 Mebane -227-2031 PURPOSE: To contract with Freedom House, Inc. to assist with the architectural costs associated with the construction of a men's halfway house to accommodate Criminal Justice Partnership Program(CJPP)clients. BACKGROUND: In December 1995,the BOCC accepted a discretionary grant award, in the amount of$166,320 from the NC Department of Correction for the expansion of Freedom House. Freedom House, located on Airport Road in Chapel Hill, currently provides halfway house services for females. There are also detox services available for males and females. However,th°re are no temporary residential services available for males. Funding from this discretionary allocation will be used to assist in the construction of a facility to serve as a halfway house for males from Orange and Chatham Counties. The attached contract with Freedom House provides for assistance with the architectural fees associated with this project. RECOMMENDATION(S): The Manager recommends that the Board approve the contract and authorize the chair to sign. 2 w NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE COUNTY FREEDOM HOUSE THIS AGREEMENT made and entered into this the day of , 1996 by and between Orange County, North Carolina, hereinafter referred to as "County", on behalf of the Orange- Chatham Criminal Justice Partnership Program,hereinafter referred to as the"Partnership"and Freedom House, Inc., hereinafter referred to as "Freedom House"; WITNESSETH WHEREAS, County acting as fiscal agent for the Partnership has received a discretionary grant from the North Carolina Department of Correction Criminal Justice Partnership Program for fiscal year 1995-1996 to establish and maintain a mens halfway house in Orange County to provide substance abuse services for individuals sentenced to intermediate sanctions 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, private non-profit, and public agencies to assist in this; and WHEREAS, Freedom House is a local, non-profit corporation which currently provides halfway house services for women substance abusers; and WHEREAS, County desired to contract with Freedom House during the 1995-1996 fiscal year to assist in the development of a wens halfway house in Orange County which would provide services for chemically dependent individuals in the criminal justice system of Orange and Chatham counties as part of the Orange-Chatham community based corrections plan substance abusers program; and WHEREAS, Freedom House desired to provide these services for County; and WHEREAS,because of problems in the interpretation of the grant contract between County and the North Carolina Department of Correction Criminal Justice Partnership Program, the County was unable to enter into any contract with Freedom house until this time; and WHEREAS, in the belief that the grant would be received and a contract entered into with the County,Freedom House provided valuable services to County in furtherance of the development of a mens halfway house; and 1 3 WHEREAS, verbal representations have been made by the North Carolina Department of Corrections, that if County reimbursed Freedom House for these expenditures the County would in turn be reimbursed. NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants and conditions, County and Freedom House agree as follows: A. Freedom House shall provide to County documentation of all contracts, payments,and/or expenditures made by Freedom House in the furtherance of the proposed project with County to develop a mens halfway house. Freedom House agrees to provide County with copies of any and all work product produced by Freedom House or any third party acting on behalf of Freedom House in furtherance of the wens halfway house project. B. Upon receipt of all documentation under paragraph A, County agrees to request reimbursement on behalf of Freedom House from the North Carolina Department of Corrections Criminal Justice Partnership Program. C. Freedom House agrees to maintain accurate records regarding the services provided pursuant to this contract. Freedom House further agrees to allow County to inspect these records at any time necessary. Freedom House agrees to assist County by providing any information required purest to any audit conducted by the North Carolina Department of Correction Criminal Justice Partnership Program pursuant to the grant award contract between County and the North Carolina Department of Correction Criminal Justice Partnership Program,a copy of which is attached. If as a result of inspection of the audit, the project expenditure represented by this contract is disallowed, and subsequently the North Carolina Department of Correction Criminal Justice Partnership Program in its discretion reduces the amount of the grant award to County by the amount disallowed,Freedom House agrees to reimburse County in the amount of any reduction including any amounts contracted to a third party under paragraph E of this agreement. D. Freedom House agrees that 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 2 4 grant contract between the North Carolina Department of Correction Criminal Justice Partnership Program and County, a copy of which is attached. E. Any request for reimbursement presented by Freedom House under paragraph A of this agreement may include monies paid under contract with a third party in furtherance of the proposed halfway house project. A copy of the contract shall be submitted and any such agreement shall provide that County will retain ultimate control and responsibility for the project and that the contractor shall be bound by the conditions set forth in the grant award contract between County and the North Carolina Department of Correction Criminal Justice Partnership Program,a copy of which is attached. In any case, where Freedom House has entered into a contract with any third parties,and when such contracts are not contrary to law, County shall not be obligated or liable for any breach of contract or other action in law to any party other than Freedom House. F. County agrees to reimburse Freedom House for the services provided pursuant to this contract for the period ending on June 30, 1996, as billed by Freedom House,with the total amount paid by County not to exceed $15,960.00. Freedom House agrees that these monies to be paid by County pursuant to this paragraph are contingent upon receipt by County from the grant received from the North Carolina Department of Correction Criminal Justice Partnership Program and if any monies are not received pursuant to that grant, County will have no further liability for payment to Freedom House or any third party Freedom House has contracted with pursuant to paragraph E of this agreement. G. Freedom House agrees to indemnify fully the County and Partnership against and hold them harmless from any and all losses, claims, damages, suits, liabilities, fines, penalties, costs and expenses(including reasonable attorney's fees)imposed by reason of any violation,breach or nonfulfillment by Freedom House of any of the provisions herein. H. This agreement is not subject to renewaL Both parties understand and agree that this agreement shall not be interpreted to authorize Freedom House to continue to work on or incur expenses for the mens halfway house project. I. This agreement contains the entire understanding of the parties and sball not be altered, 3 5 amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. J. 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 day of , 1996. ORANGE COUNTY Moses Carey, Jr., Chair, Orange County Board of Commissioners ATTEST: [SEAL] Beverly A. Blythe, Clerk to the Board of Commissioners FREEDOM HOUSE By: ATTEST: 4