Loading...
HomeMy WebLinkAbout1996 S Agreement Between Orange County & Orange-Person-Chatham Mental Health Center $100,941 NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-PERSON-CHATHAM MENTAL HEALTH ORANGE COUNTY CENTER THIS AGREEMENT made and entered into this the f;r,ztday of July 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 the Orange-Person-Chatham Mental Health Center, hereinafter referred to as "OPC"; WITNESSETH WHEREAS,County acting as fiscal agent for the Partnership has received a grant from the North Carolina Department of Correction Criminal Justice Partnership Program to provide substance abuse 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, private non-profit,and public agencies to provide substance abuse services; and WHEREAS,OPC is a local,public governmental unit organized pursuant to N.C.G.S.§122C which provides services for substance abusers; and WHEREAS, County desires to contract with OPC to 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, OPC desires to provide these services for County. NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants and conditions, County and OPC agree as follows: A. OPC will provide a comprehensive substance abuse program for persons sentenced to intermediate sanctions by the Courts of either Orange or Chatham Counties. This program shall include the following services: 1) provide group therapy, individual and family counseling to address issues unique to individual offenders as needed by the offender; 1 2) provide referrals to detoxification and inpatient facilities such as ADATC as needed at no additional cost to the County or the Partnership,a sliding scale may be charged to the client based on individual ability to pay, however no services may be denied any client based on an inability to pay pursuant to N.C.G.S. §122C-146; 3) provide referral to residential services as needed including but not limited to halfway houses and TROSA at no additional cost to the County or Partnership, a sliding scale may be charged to the client based on individual ability to pay,however no services may be denied any client based on an inability to pay pursuant to N.C.G.S. §122C-146; 4) provide referral to educational and vocational services as needed; 5) encourage attendance of offender at Alcoholics Anonymous,Narcotics Anonymous and other self-help group support as needed; 6) provide case management for eligible clients; 7) OPC agrees to provide less intensive Substance Abuse services to clients as needed at no additional cost to the County or Partnership, a sliding scale may be charged to the client based on individual ability to pay, however no services may be denied any client based on an inability to pay pursuant to N.C.G.S. §122C-146; and 8) OPC agrees to provide ROPT (Regular Outpatient Treatment) including at a minimum group treatment (20 hours in duration) that is educative and process in nature for offenders assessed as substance abusers. B. OPC further agrees to provide the following services pursuant to this contract: 1) provide screening to determine the presence or absence of addiction as needed which may include use of SASSI; OPC agrees that no treatment referral may be made in the absence of a problem or the presence of criminality and substance abuse impairment that is not likely to be significantly impacted by the provision of additional services; 2) perform random urine screens on program participants through a contractual arrangement with a NIDA Certified Laboratory through the TASC program and through probation; and 2 3) coordinate with the Orange and Chatham County criminal justice systems to insure any required client compliance. OPC will coordinate case management of CJPP clients through the TASC program. The case managers will monitor the offender's involvement in all aspects of the program for the duration of this contract, reporting compliance/non-compliance to the referring Department of Probation at regular intervals. C. OPC agrees to provide quarterly reports to the Orange-Chatham Criminal Justice Partnership Advisory Board during the term of this contract to provide an evaluation of the program effectiveness. This report shall include at least the following information: 1) the number of offenders referred; 2) the number and percentage of referrals assessed as chemically dependent; 3) the number and percentage of offenders referred to each level of treatment; 4) the number and percentage of offenders successfully completing treatment; 5) the number and percentage of offenders remaining abstinent during the program; 6) the number and percentage of offenders with no new criminal offenses; 7) the number and percentage of offenders referred back to probation; 8) the transportation activity including the number of clients transported; and 9) the number of clients referred to TROSA. D. OPC agrees to maintain accurate records regarding the services provided pursuant to this contract. OPC further agrees to allow County to inspect these records at any time necessary. OPC agrees to assist 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 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, OPC agrees to reimburse County in the amount of any reduction including any 3 amounts contracted to a third party under paragraph F of this agreement. E. OPC agrees to financially evaluate each client referred for substance abuse assessment and/or treatment to determine whether each offender is eligible for third party reimbursement under private insurance or Medicaid/Medicare, Social Security Disability Insurance and/or any other public subsistence program. OPC further agrees to file timely claims with all third party providers for each offender who receives substance abuse treatment services authorized for payment by the County and recommended by the Board. OPC shall keep a monthly accounting of all third party reimbursements received for treatment services provided to offenders and paid for by the County. The total amount of reimbursements received in each month shall be deducted from the total cost of treatment services provided within that same month when OPC submits a monthly invoice for services to the County as required by this agreement. F. OPC 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 grant contract between the North Carolina Department of Correction Criminal Justice Partnership Program and County, a copy of which is attached. G. OPC may contract with a third party in order to fulfill its obligations under this contract. 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 OPC enters into a contract with 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 OPC. OPC shall provide to County one copy of any contract documents prior to its adoption for review and approval by County. If any third party which OPC has contracted with to provide services under this contract fails to provide such services or terminates its contract with OPC for any reason,OPC agrees to make reasonable efforts to provide replacement services with no break in services to the clients. In the event a break in services detrimental to any individual 4 referred to OPC occurs, OPC will be solely responsible for any resulting liability. In the event any complaints are received by OPC concerning any third party providing services pursuant to this section, OPC shall forward a copy of the complaint to County. H. County agrees to reimburse OPC for the services provided pursuant to this contract for the period ending on June 30, 1997,as billed by OPC,with the total amount paid by County not to exceed $100,941.00. OPC will be reimbursed monthly as billed including any salaries or personnel expenses. OPC 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 OPC or any third party OPC has contracted with pursuant to paragraph F of this agreement. I. 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. J. OPC 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 either; any violation, breach or nonfulfillment by OPC of any of the provisions herein, or any intentional or negligent act by OPC committed in the coarse of providing services under this contract. K This agreement shall run upon signature through June 30, 1997. It is not subject to renewal. L. OPC and County agree that each party will comply with such non-discrimination laws as may be applicable to them in performance of this contract. M. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. 5 N. 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 By: Moses Carey, Jr., Chair, Orange County Board of Commissioners ATTEST: [SEAL] Beverly A e, Clerk to the Board of Commissioners ORANGE-PERSON-CHATHAM MENTAL HEAL"H CENTER By: ATTEST: 6