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Home My WebLink About2017-037-E Co. Mgr. - Carpe Diem for sustance use education DocuSign Envelope ID:8B974F86-8438-416C-9F8D-33AE69D5D195 NORTH CAROLINA SERVICES AGREEMENT ORANGE COUNTY This Services Agreement (hereinafter "Agreement") is made and entered into this 19th day of September, 2016 ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina, for and on behalf of its Misdemeanor Diversion Program (hereinafter, the "County") and Carpe Diem(the "Provider"). Background: Orange County has developed a Misdemeanor Diversion Program ("MDP"). The MDP is designed to serve 16- and 17-year-old first-time misdemeanor offenders who would otherwise be referred to traditional District Court. Instead of being referred to District Court, eligible youth will be referred to a court session with the MDP and referred to youth-serving programs in the community. A description of the MDP is attached to this Agreement as Exhibit A. Carpe Diem serves Orange County and believes that their educational groups that focus on risk reduction, alcohol education, replacement behaviors, stress management and self-awareness are an important component of MDP. Accordingly, Carpe Diem has agreed to accept referrals from the MDP and provide services as further set forth herein. 1. Scope of Work. The MDP will refer appropriate individuals to Carpe Diem. Carpe Diem will provide the following services: a. Provide acknowledgement to MDP when a referral is received; b. Address referrals in a timely manner, knowing that youth are expected to complete the MDP within 90 days. MDP clients will be asked to contact Carpe Diem within 3 business days of being referred to Carpe Diem. MDP personnel should be notified if Carpe Diem receives a referral but has not been contacted by the client within one week of the referral. c. Notify MDP within 3 business days whether Carpe Diem is able to accept the referral; d. Subject to federal and state privacy law, notify Carpe Diem if any problems (including but not limited to missed appointments/classes) arise with the referral; e. Subject to permission of the client (which will be required for MDP compliance), notify MDP within 3 business days upon the patient's completion of the Carpe Diem program or termination from the Carpe Diem program. f. Carpe Diem will provide up to five 2.5-hour sessions and two hours of individual or team projects related to alcohol education to individuals accepted into the Carpe Diem program under this Agreement. g. If for any reason Carpe Diem is unable to provide the appropriate services to a referred youth, Carpe Diem will contact MDP personnel immediately, to inform MDP personnel of their inability to serve the referral and the reason for doing so. 1 DocuSign Envelope ID:8B974F86-8438-416C-9F8D-33AE69D5D195 2. Relationship with Provider. MDP understands that once Carpe Diem accepts an individual referred by MDP, that individual becomes a Carpe Diem client. Except as specifically set forth herein, Carpe Diem will follow its standard policies and procedures while providing services under this Agreement. All individuals accepted into Carpe Diem's program under this Agreement will have the same privacy rights as all other Carpe Diem patients. MDP will obtain the written permission of all individuals accepted into Carpe Diem's program to allow Carpe Diem to disclose the individual's attendance at Carpe Diem sessions for invoice purposes. In the event the MDP terminates an individual's participation in the MDP, MDP will immediately notify Carpe Diem, and Carpe Diem will no longer provide services to that individual under this Agreement. 3. MDP Responsibilities. MDP will provide Carpe Diem with a referral form that includes relevant client information, including payment information when available. In addition, MDP will pay Carpe Diem the fee of$120 per referral accepted_by Carpe Diem. The amount of the fee will not vary based upon the amount of services provided by Carpe Diem to MDP as long as Carpe Diem provided at least one class session to the individual. Due to the nature and purpose of MDP, Carpe Diem agrees that it will waive all amounts that would otherwise be the responsibility of the patient or the patient's family. The total amount of this Agreement shall not exceed $5,000 without written amendment. 4. Confidentiality. Except as otherwise subject to the North Carolina Public Records Law, no person will publish or disclose, use, or permit to be published, disclosed, or used, any confidential information pertaining to referrals or participants. Any information deemed confidential under state or federal law provided to or developed by any of the Parties in the performance of the duties described in this MOU shall be kept confidential and shall not be made available to any individual or organization without the approval of all Parties; however, the Parties shall make administrative, fiscal, program and participant records available as required by law for audit purposes to assist in the performance of state/federal responsibilities or grant requirements. Parties shall notify remaining Parties promptly of any unauthorized possession, use, knowledge or attempt thereof, of any other Parties data files or other confidential information and shall promptly furnish to that party full details of the unauthorized release of such confidential information and shall assist with the investigation or prevention of the further release of such information. 5. Duration of Services. This Agreement will continue until terminated by either party. Either party may terminate this Agreement at any time upon written notice to the other party. In the event of a termination, all individuals already accepted by Carpe Diem under referral by MDP will continue to be subject to this Agreement. 6. Amendments. Any amendment to this Agreement shall not be valid unless made in a writing signed by both parties. 7. Indemnification. Provider shall indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the services performed and arising from bodily injury, including death, or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the 2 DocuSign Envelope ID:8B974F86-8438-416C-9F8D-33AE69D5D195 intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 8. Additional Provisions. The County, through MDP, and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County, through MDP, nor the Provider, shall assign or transfer its interest in this Agreement without the written consent of the other. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti- discrimination laws. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes and that they certify they have not been identified nor utilized the services of any subcontractor on the list created by the State Treasurer pursuant to G.S. § 147-86.58. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. [SIGNATURE PAGE TO FOLLOW] 3 DocuSign Envelope ID:8B974F86-8438-416C-9F8D-33AE69D5D195 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: DocuSigned by: By: bbl kuit, AWAAKAUrSt,i County Man 37994B755E477... This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act DocuSigned by: Orange Count hiefFinarreial Officer PROVIDER: BY: Carpe Diem Trish Halsey, Director P.O. Box 2414 --DocuSigned by: Chapel Hill,NC 27515 Thstt, (k&LSU 1/18/2017 (919) 929-7087 Signature l..-949C75AF637A4F9... Date Orange County Courthouse Caitlin Fenhagen, Program Coordinator Criminal Justice Resource Office ,--DocuSigned by: 106 E. Margaret Lane �,ai{{i� Fudwpt 1/18/2017 Hillsborough,NC 27278 Signature `--27D78E8EFC51493.. Date (919) 245-2303 Volunteers for Youth Kate Giduz, Youth Programs Administrator 205 Lloyd St., Suite 103 ,-----DocuSigned by: Carrboro,NC 27510 1/18/2017 (919)(919) 967-4511 Signature —51A3E56E9B954e9. Date 4