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HomeMy WebLinkAboutAgenda - 12-11-2007-4hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 11, 2007 Action Agenda Item No. ~- - h SUBJECT: CJPP 2007-2008 Service Continuation Contracts DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contracts: 1. Orange County and Freedom House Recovery Center 2. Freedom House Recovery Center and Caring Family Networks INFORMATION CONTACT: Commissioner Moses Carey Sharron Hinton 245-2840 PURPOSE: To approve contracts for the continuation of services provided through the NC Criminal Justice Partnership Program (CJPP). BACKGROUND: In March 2007, the Board approved submission of the continuation grant for CJPP -funded initiatives administered by the Orange-Chatham Justice Partnership (OCJP). Funding in the amount of $169,973 has been approved the, NC Department of Correction for the continuation of services for Orange and Chatham counties residents. These grant funds are designed to assist adult offenders sentenced to intermediate sanctions. A CJPP-eligible intermediate punishment offender is defined as an adult offender convicted of a misdemeanor or a felony offense who received anon-incarcerative sentence of an intermediate punishment or who is serving a term of post-release supervision after completing an active sentence of imprisonment. Orange County has served as the fiscal agent since the original grant allocation was received in 1994. Program services are administered through the OCJP and provided through contractual arrangements. The following contract is recommended by the OCJP for the continuation of CJPP service delivery: Freedom House Recovery Center (Freedom House Resource Center) -This initiative, funded for the second year, will ensure a continuum of care for adult offenders with intermediate sanctions. Freedom House will serve as a one-stop shop for assessment, drug screening, service delivery, referral care, and after care/support services. The contract totals $159,973. Additionally, in an effort to serve the entire 15-8 judicial district, Freedom House will contract with Caring Family Networks to provide Intensive Outpatient Treatment for C.1PP-eligible Chatham County residents. This subcontract is provided for your reference as Attachment 2. Administration - $10,000 of the grant award will be for the administration and County staff support overseeing the grant. FINANCIAL IMPACT: The 2007-08 fiscal year grant award of $169,973 from the State reflects a decrease of $6,565 from the previous year, thus the service contract correspondingly reflects this reduction. Funding for the services outlined in the Background section comes from Department of Correction grant monies as included in the 2007-08 approved budget. RECOMMENDATION(S): The Manager recommends that the Board approve the contracts and authorize the Chair to sign subject to final review by staff and the County Attorney. CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND THE FREEDOM HOUSE RECOVERY CENTER THIS CONTRACT is made and entered into the -day of , 2007, between The County of Orange ("the County") and The Freedom House Recovery Center ("FH"). WHEREAS, the North Carolina Department of Correction Criminal Justice Partnership Program ("CJPP") has awarded a North Carolina Department of Correction Criminal Justice Partnership Program ("NCDOCCJPP") grant to Orange and Chatham Counties, North Carolina; and WHEREAS, the aforementioned Counties desire to use some portion of the NCDOCCJPP grant to contract with FH to provide a continuum of care through a Resource Center for individuals in the intermediate punishment population in Orange County and Chatham County; and WHEREAS, the FH Resource Center ("FHRC") desires to provide a continuum of care for eligible I sanctioned offenders including Intensive Outpatient services, Detox, Residential Placement, and CBI Services. NOW THEREFORE, IT IS MUTUALLY agreed as follows: This contract shall be effective for the period. of July 1, 2007 through June 30, 2008. The FHRC agrees to provide services, as more specified in Orange-Chatham Justice Partnership CJPP Application for Funding, which is attached hereto as Exhibit A and incorporated herein by reference ("CJPP Application"), to the CJPP-eligible ' intermediate punishment offender population in Orange County and Chatham County. A. A CJPP-eligible intermediate punishment offender is defined as an adult offender convicted of a misdemeanor or a felony offense who received anon- incarcerative sentence of an intermediate punishment or who is serving a term ofpost-release supervision after completing an active sentence of imprisonment. B. 15-8 Department of Community Corrections shall make an initial determination as to whether an individual is eligible to participate in the CJPP program; TASC will assess eligible individuals in order to determine the services needed by these individuals and refer these individuals ("Clients") as appropriate to the FHRC. C. FH agrees to provide IOP services to Clients, with services being provided to Clients in groups of up to 30 Clients that meet at least three evenings per week, for a period of at least three hours per group. Participants will also be required to attend additional AA and NA programs at least two other evenings a week. It is estimated that approximately 60 Clients will complete an 3 4 anticipated length of stay in the program of approximately 120 days, depending upon their assessment. D. In addition to IOP services, the FHRC also agrees to provide additional services to Clients including: a) Assessment . b) Support Services c) Aftercare Services d) Drug Screening . e) Detox and Halfway House Services f) Educational Services g) Job Development, Housing and Life Skills Services h) Domestic Violence Support and Counseling i) Other services specified in the CJPP Application. E. FH agrees that the County will retain ultimate control and responsibility for the services performed under this contract. FH further agrees to be bound by and to in all respects comply with the conditions set forth in the grant contract between North Carolina Department of Correction Criminal Justice Partnership Program and the County as though it were the grantee under that contract. A copy of the grant contract is Exhibit B hereto. Prior to implementation of this contract, FH shall submit to County for the County's approval, at the County's sole discretion, an estimate of the administrative costs ("Administrative Costs") associated with this contract and estimates for the cost of services ("Cost of Services") that will be provided to the intermediate punishment population. If, during the course of this contract, FH determines that the agreed-upon Administrative Costs and Cost of Services need to be adjusted, FH shall provide County with a written explanation of the circumstances surrounding the need for an amendment. Under no circumstances will the County be required to pay higher rates than those previously agreed upon without its prior approval. Further, the overall approval .rests with the granting authority of the NCDOC CJPP administration. Orange County, as lead fiscal county, agrees to reimburse FH on a monthly basis for the Cost of Services that FH provides to the intermediate punishment population, and to reimburse FH for the Administrative Costs associated with these services agreed to as provide for above. FH agrees that it will be responsible for maintaining records of all individuals to whom it provides services. All Client records, papers, and other documents kept by FH that are obtained or created pursuant to this contract shall, be confidential and shall only be disclosed as is provided for by law or as necessary for the full implementation of this contract. FH shall enter in a contract with the Caring Family Network ("CFN") to provide IOP services in Chatham County (see attached contract). This contract shall be a on a fee for service basis and the amount reimbursed for services not to exceed $18,368. 4 This contract maybe terminated: 1. by either party, upon at least thirty (30) days notice by certified mail, with return receipt requested or by written notice delivered in person to, as to the County, Sharron Hinton, Orange County, P.O. Box 8181, Hillsborough, North Carolina 27278, and as to FH, Trish Hussey, 104 New Stateside Drive, Chapel Hill, North Carolina, 27514; 2. at any time, for cause, in case of jeopardy to the Client or other failure to comply with the requirements of this contract, upon notice to FH as provided here (the cause shall be documented in writing to FH detailing the grounds for termination); 3. by mutual consent of both parties, in writing. In the event of termination in part, the parties shall continue the performance of this contract to the extent not terminated. After receipt of a notice of termination and except as otherwise directed by the County, FH shall cease work under this contract on the date, and to the extent specified in the notice of termination. The County shall pay FH the agreed upon amount for the delivery of services under the terms of this contract up to the effective date of termination. Payment shall not be made for property or supplies purchased after the notice of termination is received. No employee of FH may participate in a decision with respect to choosing appropriate services for offenders if such a decision can be expected to result in any benefit or remuneration to the employee or any member of his/her immediate family. IX. FH will procure and maintain adequate insurance policies covering professional liability, comprehensive general liability and worker's compensation in amounts required by State law (and not less than one million dollars per claim and one million dollars aggregate for professional and comprehensive general liability insurance) as necessary to insure that FH and any and all individuals working with FH against any claim or claims for damages arising out of personal injuries or death occasioned by FH, its principals, agents and/or employees. FH will investigate any formal written complaints brought to its attention by participants. FH will notify the County, in writing, of any such complaint and the County will in turn notify the Orange-Chatham Justice Partnership. FH shall notify the County of any cancellation or material change in insurance coverage, which takes effect during the performance of this contract. If FH changes insurance. providers during the performance period of this contract, FH shall provide evidence that the County will be indemnified to the limits specified here for the entire performance period of this contract, either under the new policy or a combination of old and new policies. FH is responsible for its acts and the errors and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that 5 6 enter FH premises. FH agrees to indemnify and hold harmless and defend the County from any act or omission of FH, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that. enter FH premises, and FH agrees to indemnify the County from any and all losses, damages, costs and expenses (including reasonable attorney's fees) caused by or arising out of an act, omission, fault, negligence or other misconduct of FH, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter FH premises which occurs in connection with this contract. X. FH agrees to record all Administrative Costs and all Costs of Services provided to the intermediate offender population following generally accepted fund accounting procedures. To the extent allowed by law, FH agrees that the County may, at its sole discretion, perform an annual audit of the project, which shall comply with the requirements of the Single Audit Act of 1984 and be made available for inspection by the County staff. The County, or any of its duly authorized representatives, shall, to the extent allowed by law, have access for the purpose of audit and examination to any books, documents, papers, and records that pertain to this project. To the extent allowed by law, if as a result of inspection of the audit, any project expenditure is disallowed the County may, at its sole discretion, reduce the amount of any expenditure under this contract by the amount disallowed or demand repayment. FH agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each Client contact. FH further agrees to maintain adequate documentation to support all costs billed to County pursuant to this contract. Such records and supporting documentation must be retained and available for audit purposes. Adequate documentation is defined as follows for each major budget category: A. Administrative: Documentation must include time and attendance records, payroll periods, payment rate and a brief description of the services provided. Reports must be signed by FH's Executive Director or his/her designee. This requirement applies to all personnel paid from funds obtained by FH pursuant to this contract. B. Supplies and Other Operating Expenses and Equipment. Documentation must include purchase order authorization and audited vendor invoices approved by FH's Executive Director or his/her designee. FH further agrees to maintain a current inventory of all County-owned equipment in its possession. XI. Title to all property acquired in whole or in part with contract funds in accordance with an approved budget and other requirements set by the County shall be held at all times by the County and may not be reassigned. Such property must be marked as the property of the County with an appropriate tag or sign. FH shall exercise due caution in the use, maintenance, protection, and preservation of such property during the contract period. Upon the expiration of this contract, all County property shall be returned to County within 10 working days. Payment and Utilization of Funds 6 7 A. FH agrees that monies to be paid by the County are contingent upon receipt by the County of a Criminal Justice Partnership Program (CJPP) grant for these services from the North Carolina Department of Correction Criminal Justice Partnership Program and the obligation of the County under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. B. The County agrees to reimburse FH for the services provided pursuant to this contract up to the amount of $159,973 for the period beginning July 1, 2007 and ending June 30, 2008. C. FH shall invoice the County by the 10th business day of each month for contract expenses paid in the previous calendar month. The County agrees to reimburse FH for all reimbursable expenses invoiced by August 15, 2008. The invoice shall include fees for all services provided by FH, including administrative fees. D. County shall pay FH by check within thirty days. E. In the event that FH expends any funds pursuant to this contract for the provision of services to the intermediate offender population, and such funds are subsequently determined by the North Carolina Department of Corrections Criminal Justice Partnership Program to be non-reimbursable, such costs shall be considered non-reimbursable by the County. F. FH agrees that all payments made by the County on behalf of a member of the intermediate offender population who is receiving services from FH shall be credited towards the account of that offender. FH further agrees that if a member of the intermediate offender population is eligible for benefits from any private health benefits plan or other government-sponsored health benefits plan, then FH shall only invoice the County for that portion of the cost of services not reimbursed by such other health benefits plan. FH agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. FH and the County understand that this contract in no way assures or implies continuation of funding or the provision of services beyond the term of this contract. FH is not an employee or agent of the County for any purpose including but not limited to compensation for services, employee welfare and pension benefits, worker's compensation insurance, or any other fringe benefits of employment. This contract contains the entire understanding of the parties and shall not be altered, amended or modified except by an contract in writing executed by the duly authorized officials of both parties. The laws of the State of North Carolina govern the validity and interpretation of the 7 8 provisions, terms and conditions of the contract. Itrs agreed that either party's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during the breach, shall not constitute a waiver of any rights assigned to that party under this contract. IN WITNESS WHEREOF, Orange County has caused this contract to be signed in its name by its Board of County Commissioners Chairperson, attested by the Clerk to the Board of Commissioners, and sealed with its corporate seal, and the Freedom House Recovery Center has caused this contract to be signed in its name by its Executive Director and all authority duly given, this the day of 2007. ORANGE COUNTY FREEDOM HOUSE RECOVERY CENTER By: Chair Orange County Board of Commissioners By: [COUNTY SEAL] ATTEST: Donna Baker Clerk to the Orange County Board of Commissioners Trish Hussey Executive Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 8 9 CONTRACT BETWEEN FREEDOM HOUSE RECOVERY CENTER AND CARING FAMILY NETWORK THIS CONTRACT is made and entered into the _ day of 2007, between Freedom House Recovery Center ("FH") and Caring Family Network ("CFN"). WHEREAS, the North Carolina Department of Correction Criminal Justice Partnership Program ("CJPP") has awarded a North Carolina Department of Correction Criminal Justice Partnership Program ("NCDOCCJPP") grant to Orange and Chatham Counties, North Carolina; and WHEREAS, the aforementioned Counties desire to use the NCDOCCJPP grant to contract with FH to provide a Resource Center for individuals in the intermediate punishment population in Orange County and Chatham County; and WHEREAS, FH desires to contract with Caring Family Network to provide Intensive Outpatient treatment services for individuals in the intermediate punishment population in Chatham County. NOW THEREFORE, IT IS MUTUALLY agreed as follows: This contract shall be effective for the period of July 1, 2007 through June 30, 2008. II. CFN agrees to provide Outpatient ("OP") services, to the CJPP-eligible intermediate punishment offender population in Chatham County. A. A CJPP-eligible intermediate punishment offender is defined as an adult offender convicted. of a misdemeanor or a felony offense who received anon- incarcerative sentence of an intermediate punishment or who is serving a term ofpost-release supervision after completing an active sentence of imprisonment. B. 15-B Department of Community Corrections shall make an initial determination as to whether an individual is eligible to participate in the CJPP program; Treatment Alternatives to Street Crime ("TASC") will assess eligible individuals in order to determine the services needed by these individuals and refer these individuals ("Clients") as appropriate to FH Resource Center, who will refer these Chatham County individuals to CFN for its IOP services. C. CFN agrees to provide Outpatient Program (OP) services to Chatham County Clients, with services being provided to Clients in groups of up to 15 Clients that meet at least three evenings per week, for a period of at least three hours per group. Participants will also be required to attend additional AA and NA programs at least two other evenings a week. It is estimated that Clients will 10 complete an anticipated length of stay in the program of approximately 120 days, depending upon their assessment. D. In addition to OP services, CFN also agrees to provide additional services to Chatham County Clients including: a) Assessment b) Drug Screening e) Educational Services f) Other services as appropriate to OP Services. E. CFN agrees that Freedom House will retain ultimate control and responsibility for the services performed under this contract. CFN further agrees to be bound by and to in all respects comply with the conditions set forth in the grant contract between North Carolina Department of Correction Criminal Justice Partnership Program and Freedom House as though it were the grantee under that contract. III. Freedom House, as lead fiscal agency, agrees to reimburse CFN on a monthly basis for the Cost of Services that CFN provides to the intermediate punishment population. IV. CFN agrees that it will be responsible for maintaining records of all individuals to whom it provides services. All Client records, papers, and other documents kept by CFN that are obtained or created pursuant to this contract shall, be confidential and shall only be disclosed as is provided for by law or as necessary for the full implementation of this contract. V. CFN shall not assign any interest in this contract, whether by assignment or notation, without the prior written consent of Freedom House ,except as specified herein. VI. This contract maybe terminated: 1. by either party, upon at least thirty (30) days notice by certified mail, with return receipt requested or by written notice delivered in person to, as to Freedom House, Trish Hussey, Freedom House Recovery Center, 104 New Stateside Drive, Chapel Hill, North Carolina 27516, and as to CFN, Jeff McKay, Chatham County Counseling, Pittsboro, North Carolina, 27312; 2. at any time, for cause, in case of jeopardy to the Client or other failure to comply with the requirements of this contract, upon notice to CFN as provided here (the cause shall be documented in writing to CFN detailing the grounds for termination); 11 3. by mutual consent of both parties, in writing. In the event of termination in part, the parties shall continue the performance of this contract to the extent not terminated. After receipt of a notice of termination and except as otherwise directed by FH, CFN shall cease work under this contract on the date, and to the extent specified in the notice of termination. VII. No employee of CFN may participate in a decision with respect to choosing appropriate services for offenders if such a decision can be expected to result in any benefit or remuneration to the employee or any member of hisllier immediate family. IX. CFN will procure and maintain adequate insurance policies covering professional liability, comprehensive general liability and worker's compensation in amounts required by State law (and not less than one million dollars per claim and one million dollars aggregate for professional and comprehensive general liability insurance) as necessary to insure that CFN and any and all individuals working with CFN against any claim or claims for damages arising out of personal injuries or death occasioned by CFN, its principals, agents and/or employees. CFN will investigate any formal written complaints brought to its attention by participants. CFN will notify Freedom House, in writing, of any such complaint and FH will in turn notify the Orange-Chatham Justice Partnership. CFN shall notify Freedom House and Orange/Chatham Counties of any cancellation or material change in insurance coverage which takes effect during the performance of this contract. If CFN changes insurance providers during the performance period of this contract, CFN shall provide evidence that FH will be indemnified to the limits specified here for the entire performance period of this contract, either under the new policy or a combination of old and new policies. CFN is responsible for its acts and the errors and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter CFN premises. CFN agrees to indemnify and hold harmless and defend the County from any act or omission of CFN, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter CFN premises, and CFN agrees to indemnify FH from any and all losses, damages, costs and expenses (including reasonable attorney's fees) caused by or arising out of an act, omission, fault, negligence or other misconduct of CFN, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter CFN premises which occurs in connection with this contract. X. CFN agrees to record all Costs of Services provided to the intermediate offender population following generally accepted fund accounting procedures. To the extent allowed by law, CFN agrees that FH may, at its sole discretion, perform an annual audit of the project which shall comply with the requirements of the Single Audit Act of 1984 and be made available for inspection by FH staff. FH, or any of its duly authorized representatives, shall, to the extent allowed by law, have access for the purpose of audit and examination to any books, documents, papers, and records that pertain to this project. To the extent allowed 12 by law, if as a result of inspection of the audit, any project expenditure is disallowed FH and Orange and Chatham Counties may, at their sole discretion, reduce the amount of any expenditure under this contract by the amount disallowed or demand repayment. CFN agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each Client contact. CFN further agrees to maintain adequate documentation to support all costs billed to FH pursuant to this contract. Such records and supporting documentation must be retained and available for audit purposes. Adequate documentation is defined as follows for each major budget category: A. Administrative: Documentation must include time and attendance records, payment rate and a brief description of the services provided. Reports must be signed by CFN's Director or his/her designee. XII. Payment and Utilization of Funds A. CFN agrees that monies to be paid by FH are contingent upon receipt by FH from Orange County on behalf of Orange and Chatham Counties, of a Criminal Justice Partnership Program (CJPP) grant for these services from the North Carolina Department of Correction Criminal Justice Partnership Program and the obligation of FH under this contract is reduced, dollar for dollar, by the amount of any reduction in the State grant. B. Freedom House agrees to reimburse CFN for the services provided pursuant to this contract up to the amount of $18368 for the period beginning July 1, 2007 and ending June 30, 2008. C. CFN shall invoice FH by monthly for contract services. The invoice shall include fees for OP services provided by CFN, at a rate of $104.00 per evening class per I sanctioned individual. D. FH shall pay CFN by check within thirty days of invoice. E. In the event that CFN expends any funds pursuant to this contract for the provision of services to the intermediate offender population, and such funds are subsequently determined by the North Carolina Department of Corrections Criminal Justice Partnership Program to be non-reimbursable, such costs shall be considered non-reimbursable by Orange County. F. CFN agrees that all payments made by FH on behalf of a member of the intermediate offender population who is receiving services from CFN shall be credited towards the account of that offender. CFN further agrees that if a member of the intermediate offender population is eligible for benefits from any private health benefits plan or other government-sponsored health benefits plan, then CFN shall only invoice FH for that portion of the cost of services not reimbursed by such other health benefits plan. 13 XIII. CFN agrees to submit program activity information on a monthly basis to the to FH. XIV. FH and CFN understand that this contract in no way assures or implies continuation of funding or the provision of services beyond the term of this contract. XV. CFN is not an employee or agent of FH for any purpose including but not limited to compensation for services, employee welfare and pension benefits, worker's compensation insurance, or any other fringe benefits of employment. XVI. This contract contains the entire understanding of the parties and shall not be altered, amended or modified except by an contract in writing executed by the duly authorized officials of both parties. XVII. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions of the contract. XVIII. It is agreed that either party's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during the breach, shall not constitute a waiver of any rights assigned to that party under this contract. IN WITNESS WHEREOF, Freedom House Recovery Center has caused this contract to be signed in its name by its Executive Director, and sealed with its corporate seal, and the Caring Family Network has caused this contract to be signed in its name by its Executive Director and all authority duly given, this the day of 2007. FREEDOM HOUSE RECOVERY CENTER By: Patricia Hussey Executive Director By: ATTEST: CARING FAMILY NETWORK Jeff McKay, Director CFN Chatham Counseling Janaki Nicastro, Asst to Executive Director