HomeMy WebLinkAbout1995 S Service Agreement Between Orange County and Orange-Person-Chatham Mental Health Center re: Criminal Justice Partnership Program V—k
NORTH CAROLINA AGREEMENT BETWEEN
ORANGE COUNTY AND
ORANGE-PERSON-CHATHAM
MENTAL HEALTH
ORANGE COUNTY CENTER
THIS AGREEMENT made and entered into this the 21st day of March 1996 by and between
Orange County, North Carolina, hereinafter referred to as "County", on behalf of the Orange-Chatham Criminal
Justice Partnership Program, herein after 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 dependant individuals
in the criminal justice systems 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;
2) provide referrals to detoxification and inpatient facilities such as ADATC as needed at
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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 clients attendance at Alcoholics Anonymous, Narcotics Anonymous and other
self-help support groups 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
3) coordinate with the Orange and Chatham County criminal justice systems to insure any
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required client compliance. OPC will provide a .50 FTE case manager for Orange County clients served under this
contract. The case manager's client load will not exceed 15 clients at any given time. Chatham County clients
served under this contact will not have a case manager unless they are being served through a 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 activity report of the case manager which shall at a minimum contain the information
specified in Exhibit A which is attached and incorporated by reference;
9) the transportation activity including the cost per trip and the number of clients transported;
and
10) 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
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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 amounts contracted to a third party under paragraph F of this agreement.
E. 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.
F. 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 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.
G. County agrees to reimburse OPC services provided pursuant to this contract for the period ending
on June 30, 1996, as billed by OPC, with the total amount paid by County not to exceed $118,804.00. 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
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contracted with pursuant to paragraph F of this agreement.
H. 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.
I. 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 any violation, breach or nonfulfillment by OPC of any of the provisions
herein.
J. This agreement shall run upon signature through June 30, 1996. It is not subject to renewal.
K. 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.
L. 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.
M. 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 21st day of March , 1996.
ORANGE COUNTY
By: J9W'4- -
Moses Carey, Jr., Chair,
Orange County Board of
Commissioners
ATTEST:
[SEAL]
Beverly A. BAfhe, Clerk to
the Board of Commissioners
ORANGE-PERSON-CHATHAM
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MENTAL HEALTH CENTER
By: 1
ATTEST:
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