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HomeMy WebLinkAbout2018-137-E CRJD - S Solutions, Inc. misdemeanor program MOUDocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D NORTH CAROLINA SERVICES AGREEMENT ORANGE COUNTY This Services Agreement (hereinafter "Agreement ") is made and entered into this 4th day of April, 2018 ( "Effective Date ") by and between Orange County, North Carolina a political subdivision of the State of North Carolina, for and on behalf of its Criminal Justice Resource Department and Misdemeanor Diversion Program (hereinafter, the "County ") and S Solutions, Inc., a North Carolina Nonprofit Corporation, D /BA StreetSafe (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 pre- charge to a court session with the MDP and directed to youth - serving programs in the community. A description of the MDP is attached to this Agreement as Exhibit A. Provider provides educational programming (the Streetsafe Program ") related to both alcohol and drugs and safe driving to youth and their families. Accordingly, Provider 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 Provider. Provider 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. Subject to federal and state privacy law, notify MDP if any problems (including but not limited to missed appointments /classes) arise with the referral; d. Subject to permission of the client (which will be required for MDP compliance), notify MDP within 3 business days upon the participant's completion of the StreetSafe Program or termination from the StreetSafe Program. Provider will provide four hours of educational programming related to alcohol and/or drug use. f. Provider will notify the MDP and referred youth if any StreetSafe Program classes are cancelled or rescheduled. g. If for any reason Provider is unable to provide the appropriate services to a referred youth, Provider will contact MDP personnel immediately, to inform MDP personnel of their inability to serve the referral and the reason for doing so. 2. Relationship with Provider. MDP understands that once Provider accepts an individual referred by MDP, that individual becomes a StreetSafe Program participant. Except as specifically set forth herein, Provider will follow its standard policies and procedures while DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D providing services under this Agreement. All individuals accepted into Provider's program under this Agreement will have the same privacy rights as all other StreetSafe Program participants. MDP will obtain the written permission of all individuals accepted into Provider's program to allow Provider to disclose the individual's attendance at StreetSafe Program sessions for invoice purposes. In the event the MDP terminates an individual's participation in the MDP, MDP will immediately notify Provider, and Provider will no longer provide services to that individual under this Agreement. 3. MDP Responsibilities. MDP will provide Provider with a referral form that includes relevant client information. In addition, MDP will pay Provider the fee of $75 per referral accepted by Provider upon provision of an invoice to ORD. Due to the nature and purpose of MDP, Provider agrees that it will waive all amounts that would otherwise be the responsibility of the participant. 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. The initial term of this Agreement shall be 1 year and may automatically renew for successive terms of one year unless or until such time as the total amount is reached or until the Agreement is 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 Provider 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 will be responsible for its own negligence and the negligence of its employees. Provider shall indemnify and hold harmless the County from all loss, liability, claims of expense, including attorney's fees, arising out of or related to the services performed and arising from bodily injury, 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 intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 2 DocuSign Envelope ID: 2042AF9E- 4D4F- 4C48- 9CFC- 6BAF31AB811D 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: 2042AF9E- 4D4F- 4C48- 9CFC- 6BAF31AB811D 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: h*Aw L ^i� County Manag _ 0637994e755E477... This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act DocuSigned by: Orange County 7 ,A14 ;er PROVIDER: By: [— ocuSigned by: �6L' a'ya - Joe Fitzgeral ',=E 7689D522841E__ - -.—r S Solutions, Inc. P.O. Box 1541 Wilmington, NC 28402 Orange County Courthouse Caitlin Fenhagen, Criminal Justice Resource Director Criminal Justice Resource Department GocuSigned by: ��'� F�� _ 4/5/2018 106 E. Margaret Lane signature 27D78E8EFC51493... Date Hillsborough, NC 27278 (919) 245 -2303 Volunteers for Youth Kate Giduz, Youth Programs Administrator 205 Lloyd St., Suite 103 Carrboro, NC 27510 OocuSigned by: 4/26/2018 (919) 967 -4511 ig 1 are 51 A3E5689B954B9... Date I] DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D ORANGE COUNTY NORTH CAROLINA CRIMINAL JUSTICE RESOURCE OFFICE Caitlin Fenhagen Criminal Justice Resource Manager Orange County Courthouse 106 East Margaret Lane Hillsborough, NC 27278 Phone: 919- 245 -2303 Fax: 919 - 640 -1729 Oranl?e Countv Misdemeanor Diversion Program Summary of Program: With the support and approval of Judicial District 15B Resident Superior Court Judges, the Chief District Court Judge, the District Attorney's Office, the Public Defender's Office, the Orange County Clerk of Court, the Orange County Criminal Justice Resource Office, the Sheriff of Orange County, and the Chiefs of Police for Chapel Hill, Carrboro, Hillsborough, Mebane and UNC, a new Misdemeanor Diversion Program (MDP) for 16 and 17 year olds, who have no adult criminal record, began operation on April 15, 2016. North Carolina is one of only two states that prosecute all 16 and 17 year olds charged with criminal offenses in the adult system. Even when charges are dismissed, if the arrest and court records are not expunged, the incident and youth's record of arrest follows him or her into adulthood creating significant impediments to employment and education. The direct and indirect (or collateral) consequences of an arrest in the adult legal system can also impact public benefits, housing, licenses and legal residency status. The purpose of the MDP is to divert first time arrests or citations for eligible misdemeanor charges. Rather than issuing a citation or making an arrest where probable cause exists, law enforcement officers in Orange County will instead issue a youth citation that will initiate the diversionary process by directing the youth to contact the MDP Coordinator. The officer will simultaneously complete an Incident Report and an MDP Referral Form to forward to their MDP Law Enforcement Liaison. After the Liaison confirms that that the youth is eligible for MDP, the Liaison will then submit the information to the MDP Coordinator who will meet with the youth and prepare a diversion plan and require the attendance of a mandatory court session. Diversion plans will include programming tailored for the individual youth, such as community service hours, mental health and substance treatment, leadership classes, and restorative justice opportunities. After a period of no more than 90 days, the MDP Coordinator will determine if there has been successful compliance with the diversion plan terms. If there is compliance, no charges will be filed. If there has not been compliance, the MDP Coordinator will notify the Law Enforcement Liaison so that the filing of formal charges can be considered. It is important to note that this program should not be used UNLESS the law enforcement officer would otherwise initiate a formal criminal process against a 16 or 17 year old. An Equal Opportunity /Affirmative Action Employer www.orangecountVnc.gov DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D Eligibility • 16 or 17 years old at time of offense • No adult criminal record (can have a juvenile record) • Must be a misdemeanor offense. However, sex offenses, firearms offenses and traffic offenses are specifically excluded • Final discretion on MDP referral remains with law enforcement officers and the District Attorney's Office' • Restitution, if required, must be resolved outside the MDP process' Referral Process • Officer determines there is probable cause to arrest or issue a citation for a criminal charge and that an arrest or citation would otherwise occur • Officer gives youth an MDP Postcard and explains MDP and the requirement to contact the MDP Coordinator within 72 hours • Officer completes an MDP Referral Form and Incident Report (IR) and submits it to their MDP Law Enforcement Liaison within 48 working hours • Liaison confirms eligibility, reviews and supplements Referral Form as needed and submits IR and MDP Referral Form to MDP Coordinator within 48 working hours MDP Intake Process • MDP Coordinator receives Referral Forms and IR • MDP Coordinator sets up appointment with youth and parent or guardian within 10 days • At meeting, the intake interview is completed, the Release to Opt -in is signed, a general release is signed, the Diversion Plan is entered and the mandatory court date is assigned • The Diversion Plan will include 8 -12 (max is 15) hours of community service, classes or other treatment or diversionary programming based on the individual needs of the youth • The Diversion Plan must be completed within 90 days of being entered • No admission of guilt is requested or required ' If a victim objects to the youth being referred to MDP, the officer will advise the Law Enforcement Liaison of this on the Incident Report. The Liaison will then contact the victim and if there is still an objection, the victim will be referred to the District Attorney's office for the final determination of eligibility. 2 Restitution will not be collected in MDP. If a victim is requesting restitution, that information will be noted on the Incident Report and the Law Enforcement Liaison and MDP Coordinator can speak to the victim about civil remedies and the benefits of MDP. In addition, attorney Kellie Mannette has offered to assist MDP - eligible youth pro bono in restitution settlement issues to increase opportunities for eligibility. If the restitution issue cannot be resolved quickly, the DA's Office will make the final decision regarding the youth's eligibility for MDP. DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D Mandatory MDP Court Session • Every MDP participant will be referred to one Diversion Court session, with an assigned Judge, Assistant District Attorney and Assistant Public Defender educating them about the consequences of criminal activity • The Diversion Court session will include a role play of an adult criminal misdemeanor case • The Diversion Court session will be held on the first Wednesday of the month, at 4:00 pm, alternating monthly between the Chapel Hill and Hillsborough courthouses • First Court date will be Wednesday, June 1, 2016 in Hillsborough at 4:00 pm • Direct and collateral consequences of adult criminal involvement will be reviewed • Law enforcement officers are invited to each session to talk directly with the youth participants MDP Youth Programming • All MDP programs and diversion requirements are provided to MDP participants free of charge • The MDP Youth Program Administrator will recruit and maintain a list of agencies and entities providing appropriate youth classes or programs for MDP participants • A memorandum of understanding between MDP and the Youth Program will be entered upon acceptance of a programming proposal • Programming options will include, but are not limited to, community service, substance abuse treatment or classes, mental health treatment, leadership and skills building classes, teen court and restorative justice processes • Collateral consequences information and community resources information will be provided to every MDP participant and their parent or guardian. Assessments can be conducted and services outside the MDP Diversion Plan can be recommended by the Criminal Case Assessment Specialist for the Criminal Justice Resource Office or any other stakeholder of the MDP MDP Compliance • MDP Diversion Plan compliance will be monitored by the MDP Coordinator • Plan requirements and court attendance must be completed by the youth within 90 days • Upon confirmation of compliance, the MDP Coordinator will release the youth from MDP and notify the MDP Law Enforcement Liaison • In the case of non - compliance or new charges for the youth, the Law Enforcement Liaison will be notified so that the filing of formal charges can be considered • Records of MDP Participants and compliance will be maintained by the Criminal Justice Resource Office and quarterly updates will be provided to the Advisory Committee and Judicial stakeholders DocuSign Envelope ID: 2042AF9E-4D4F-4C48-9CFC-6BAF31 AB81 1 D MDP Administration, Court Stakeholders and Advisory Committee MDP Coordinator: Caitlin Fenhagen, Criminal Justice Resource Manager for Orange County Law Enforcement Liaisons: Michelle Guarino, CHPD and UNC Campus Police Amy Efland, OCSO, Hillsborough PD, Mebane PD and Highway Patrol Will Quick, Carrboro PD Youth Programs Administrator: Kate Giduz from Volunteers for Youth Judge: Honorable Jay Bryan ADA: Jeff Nieman APD: Dana Graves MDP Planning Committee: ADA Jeff Nieman, APD Dana Graves, Orange County Sheriff Charles Blackwood, Chief Deputy Jamison Sykes (OCSO), Amy Efland (OCSO), Merrily Cheek (OCSO), Barry Walker (OCSO), Michelle Guarino (CHPD), Lt. Robert Whitted (HPD), Sgt. G. Mayfield (CPD), Kate Giduz, Kellie Marinette, and Caitlin Fenhagen MDP Permanent Advisory Committee: MDP Planning committee members listed above, Nate Davis (Southern Orange community representative), Mykhael Epps (Parent representative), and Marie Tate (Northern Orange community representative) DocuSign Envelope ID: 2042AF9E- 4D4F- 4C48- 9CFC- 66AF31AB811D STREE -1 OP ID: JO 4C 1:> CERTIFICATE OF LIABILITY INSURANCE �--�� DATE 08 /24 /201 YY) 08/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Harold W. Wells & Son, Inc. One North Third Street NAME: Doug Johnston, CIC, CBIA PHONE FAX A/C No Ext :910- 251 -5432 A/c, No): 910- 254 -9404 ADDRESS: insurance @wellsins.com Wilmington, NC 28401 -4528 Harold W. Wells & Son, Inc. COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Ins. Co 18058 $ 1,000,000 INSURED S Solutions, Inc. dba Street INSURER B: Accident Fund Ins Co ofAmerica 10166 Safe PO Box 1541 INSURER C, 09/28/2015 09/28/2016 Wilmington, NC 28402 -1541 INSURER D: INSURER E: $ 5,000 INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR X PHPK1399287 09/28/2015 09/28/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO - POLICY � POLICY [::] LOC X PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO PHPK1399287 09/28/2015 09/28/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A WCV6117551* 09/28/2015 09/28/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) DOUG DARRELL, KAYNE DARRELL, WILLIAM HOEST, AND NICHOLAS MYKULAK HAVE ELECTED TO BE EXCLUDED FROM THE WORKERS COMP POLICY IL" a ;11112LOY-11 fl=1111 Lai 4na: hG10Lha4WtU Lai 0 ORANG -1 Orange County Schools 200 E King St Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Harold W. Wells & Son, Inc. ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD