HomeMy WebLinkAboutAgenda - 12-14-2004-5gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2004
Action Agenda
Item No. 5_q
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SUBJECT: CJPP 2004-2005 Service Continuation Contracts
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Contracts: (under separate cover)
1.Orange-Chatham Alternative Sentencing
2. Freedom House Recovery Center
Project Turn Around
INFORMATION CONTACT:
Moses Carey, BOCC and OCJP Chair
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve contracts for the continuation of services provided through the NC
Criminal Justice Partnership Program (CJPP).
BACKGROUND: In March 2004, the Board approved submissicn of the continuation grant for
C.1PP -funded initiatives administered by the Orange-Chatham .Justice Partnership (OC.JP).
Funding in the amount of $165,221 has been approved the NC Department of Correction far the
continuation of services for Orange and Chatham counties' residents.
These grant funds are designed to assist adult offenders sentenced tc intermediate sanctions.
A C.1PP-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 past-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 OC.)P and provided through contractual
arrangements. The following contracts are recommended by the OCJP for the continuation of
C.1PP service delivery:
A. Orange-Chatham Alternative Sentencing -This contract provides for pre-trial release
services. The purpose of the program is tc identify and monitor eligible candidates from the
Orange and Chatham County jails in order to reduce jail overcrowding. The contract totals
$60,718.
B. Freedom House Recovery Center -This contract provides intensive outpatient treatment
(IOP) services to eligible intermediate sanctioned offenders. The contract totals $50,102.
C. Project Turn Around -This contract provides intensive substance abuse counseling services
to CJPP-eligible youthful offenders in Orange and Chatham counties. ACJPP-eligible
youthful offender is defined as an intermediate sanction offender age 16-25 with a
documented substance abuse problem that is referred to the program through supervised
intensive probation, Treatment Alternatives for Safe Communities (TASC) or under the
guidelines of the 15B drug court. The contract totals $44,401.
D. The remaining balance of $10,000 is used to support the administrative functions of the
OCJP.
It should be noted that a funding question led to a delay in the BOCC's approval of these
contracts, and in order to provide for the continuation of uninterrupted services, the County has
advanced funding to these agencies in anticipation of final contract approval and
reimbursement from the State..
FINANCIAL IMPACT: State funds from the NC Department of Correction are provided to
expedite these services.
RECOMMENDATION(S): The Manager recommends that the Board approve the contracts
and authorize the Chair to sign contingent upon final review by staff and the County Attorney.
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC.
THIS CONTRACT is made and entered into the day of 2004
between the County of Orange ("the County") and Orange-Chatham Alternative
Sentencing, Inc.., ("OCAS").
WHEREAS, the County acting as fiscal agent for the Orange-Chatham Justice Partnership
Program has received a grant fi°om the North Carolina Depaztment of Correction Criminal
Justice Partnership ("NCDOCC.IPP") to provide services to individuals in the criminal
,justice systems of Orange and Chatham Counties, including apre-trial program; and
WHEREAS, the grant provides that these grant monies may be spent through contracting
with private for-profit/private non-profit agencies to provide these services; and
WHEREAS, OCAS is a non-profit agency which provides pre-trial services to individuals
in the criminal justice systems of Orange and Chatham Counties; and
WHEREAS, the County desires to contract with OCAS to provide pre-trial services for
individuals in the criminal justice system of the County as part of the Orange-Chatham
community-based corrections plan; and
WHEREAS, OCAS desires to provide these services for the County.
NOW THEREFORE in consideration of the following mutual promises, covenants and
conditions, the County and OCAS agree as follows:
A. Pre-Trial Services. OCAS agrees for the period of .luly 1, 2004 to June 30, 2005
to continue to operate its pre-trial services program. The program activities during
this period shall, except as expressly provided in this agreement, correspond with
the Pre-Trial Progranz Sumrnazy and the Pre-Trial Release Operating Policies and
Procedures and all other related activities described in the grant contract between
North Carolina Depaztment 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 A hereto..
1. OCAS is responsible for the daily screening and identification of
eligible candidates from the jail confinement lists in Orange and Chatham
County,jails,
2. OCAS interviews CJPP eligible offenders to determine the
likelihood that the inmate will return to court for all court dates by
examining past available criminal records, verifying stability of
home/employment and looking at other factors related to community safety..
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3. OCAS will secure the appropriate Release Agreement or Bond
Reduction documents for each offender and obtain the signature of the
judicial official..
4, OCAS agrees to submit program activity information to the
Information Management System (IMS) database of the Criminal Justice
Partnership Program immediately after each client contact.
S. OCAS regularly participates and is involved with the 15B ,judicial
meetings, e.g. Community Resource Court, Court Committee, or other
court-related efforts.
6. OCAS agrees to continue monitoring and evaluating the Pre-Trial
program, to include necessary documentation and data collection, and to
provide the results of this monitoring and evaluation to County upon request
of County.
B. The County agrees to reimburse OCAS for the services provided pursuant
to this agreement up to the amount of $60,718 for the period beginning .Iuly 1, ?004
and ending .June 30, 2005, The budget for the contract period is as follows:
Services Monev
Personnel $43,000
Operating Expenses $10,450
Travel
$750
Contractual and Other $6,518
Total
$60,718
OCAS agrees to provide the County with its reimbursement requests by the 10`h
business day of each month for the previous month's expenses. The County agrees
to reimburse OCAS for all reimbursable expenses invoiced by August I5, ?005.
1. OCAS agrees that monies to be paid by the County are contingent
upon receipt by the County of a Criminal .Justice Partnerslzip Program
(CJPP) grant for these services from the North Carolina Depaztment of
Correction Criminal .Justice Paztnership Program and the obligation of the
County under this agreement is reduced, dollaz for dollar, by the amount of
any reduction in the State grant.
2. OCAS agrees to the following conditions regarding the budget:
s
a. Equipment not included in the approved budget may not be
purchased without prior written approval of the County.
b. Requests for amendments to the budget must be requested in
writing to the County. If the County approves the amendment, it
will notify OCAS in writing of the approval.
c. Written approval by the County is also required for any
change in the scope of the pre-trial services. These changes include
but are not limited to modifications in staffing program components,
contractual agreements or memoranda of understanding.
d. Prior to implementation of this agreement, OCAS shall
submit to County an estimate of the administrative costs associated
with this agreement and estimates for the services that will be
provided. If, during the course of this agreement, OCAS determines
that the agreed-upon costs need to be adjusted, OCAS 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 NCDOCC.JPP administration..
e. In the event that OCAS expends any funds for the provision
of services pursuant to this agreement, 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.
C. OCAS agrees to maintain accurate records regarding the pretrial services
provided pursuant to this agreement, OCAS agrees to allow the County to inspect
these records at any time necessary. OCAS 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 have access for the purpose of audit and examination to any books,
documents, papers, and records that pertain to this project 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 agreement by
the amount disallowed or demand repayment. Notwithstanding any other provision
of this agreement, all client records, papers, and other documents kept by OCAS
that are obtained or created pursuant to this agreement shall be confidential and
shall only be disclosed as is provided for by law or as necessary for the full
implementation of this agreement..
D. OCAS agrees that the County will retain ultimate control and responsibility
for the services performed under this agreement. OCAS 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 A hereto.
E. OCAS 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 dollazs per claim
and one million dollars aggregate for professional and comprehensive general
liability insru•ance) as necessary to insure that OCAS and any and all individuals
working with OCAS against any claim or claims for damages arising out of
personal injw•ies or death occasioned by OCAS, its principals, agents and/or
employees. OCAS will investigate any formal written complaints brought to its
attention by participants.. OCAS will notify the County, in writing, of any such
complaint and the County will in turn notify the Orange-Chatham Justice
Partnership. OCAS shall notify the County of any cancellation or material change
in insurance coverage which takes effect during the performance of this agreement.
If OCAS changes insurance providers dosing the performance period of this
agreement, OCAS shall provide evidence that the County will be indemnified to the
limits specified here for the entire performance period of this agreement, either
under the new policy or a combination of old and new policies.
OCAS 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 OCAS premises. OCAS agrees to indemnify and hold hazmless and
defend the County from any act or omission of OCAS, its principals, agents,
officers, directors, employees, licensees, and invitees or other third parties that
enter OCAS premises, and OCAS 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
OCAS, its principals, agents, officers, directors, employees, licensees, and invitees
or other third parties that enter OCAS premises which occurs in connection with
this agreement.
F This agreement may be terminated by either pazty:
1. 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 OCAS, .Ioyce
Kuhn, Executive Duector, 116 S, Churton Street, Hillsborough,
North Carolina 27278;
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2. at airy time, for cause, in case of,jeopardy to the client or other
failure to comply with the requirements of this agreement, upon
notice to OCAS as provided here (the cause shall be documented
in writing to OCAS 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 agreement to the extent not terminated. After receipt of a
notice of termination and except as otherwise directed by the
County, OCAS shall cease work under this agreement on the
date, and to the extent specified in the notice of termination.
The County shall pay OCAS the agreed upon amount for the
delivery of services under the terms of this agreement up to the
effective date of termination. Payment shall not be made for
property or supplies purchased after the notice of termination is
received.
G. This agreement is not intended and shall not be construed to create the
relationship of agent, servant, employee, partnership or ,joint venture between
OCAS and the County, but rather is an agreement between independent contractors.
OCAS is not an employee or agent of the County for any purpose including but not
limited to compensation for services, employee welfaze and pension benefits,
worker's compensation insurance, or any other fringe benefits of employment.
H. OCAS agrees not to subcontract or assign any of the services contemplated
under this agreement without the prior written approval of the County.
I. OCAS agrees to submit program activity information on a monthly basis to
the Partnership and the Division of Community Correction.
J. OCAS and the County agree that each party will comply with all applicable
State and federal laws, including but not limited to such non-discrimination laws as
may be applicable to them in the performance of tiffs agreement.
IC. OCAS 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.
L No employee of OCAS may pazticipate in a decision with respect to
choosing appropriate services for OCAS clients under this agreement if such a
decision can be expected to result in any benefit or remuneration to the employee or
any member of his/her inunediate family.
M. It is agreed that either party's failure to insist upon the strict performance of
any provision of this agreement or to exercise any right based upon a breach
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thereof; or the acceptance of any performance during the breach, shall not
constitute a waiver of any rights assigned to that party under this agreement..
N. This agreement contains the entire understanding of the pazties and shall not
be altered, amended or modified except by an agreement in writing executed by the
duly authorized officials of both parties.
O. The laws of the State of North Carolina govern the validity and
interpretation of the provisions, terms and conditions of the agreement.
IN WITNESS WHEREOF the parties have hereunto signed tlmis agreement in their
official capacities on the day and year listed below.
This time day of , 2004.
ORANGE COUNTY
By:
Bazry .Jacobs, Chair
Orange County Board of Commissioners
ATTEST:
Donna Baker, Clerk to time
Board of Commissioners
OCAS ~\
By:
This instrument has been pre-audited~in the manner required by the Local Government
Budget and Fiscal Control Act.
Ken Chavious, Orange County Finance Director
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CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
THE FREEDOM HOUSE RECOVERY CENTER
THIS CONTRACT is made and entered into the _ day of 2004,
between The County of Orange ("the County") and The Freedom House Recovery Center
("FH").
WFIEREAS, the North Carolina Department of Correction Criminal .Justice Partnership
Program ("C.TPP") has awarded a North Carolina Depaztment of Correction Criminal
.Justice Partnership Program ("NCDOCC.IPP") 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 Intensive Outpatient ("IOP")
treatment services for individuals in the intermediate punishment population in Orange
County and Chatham County; and
WHEREAS, FH desires to provide IOP treatment services using the nationally approved
course of study, "Living in Balance" as the basis of thew curriculum.
NOW THEREFORE, IT IS MUTUALLY agreed as follows:
This contract shall be effective for the period of.July 1, 2004 through .June 30,
2005.
IL FH agrees to provide IOP services to the C.1PP-eligible intermediate punishment
offender population in Orange County and Chatham County.
A. A C.1PP-eligible intermediate punishment offender is defined as an adult
offender convicted of a misdemeanor or a felony offense who received anon-
incazcerative sentence of an intermediate punislunent or who is serving a term
ofpost-release supervision after completing an active sentence of
imprisonment.
B. 15-B Department of Community Conections shall make an initial
determination as to whether an individual is eligible to participate in the C.1PP
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 for its
IOP services.
C.. FH agrees to provide 9 hours of IOP services using the "Living in Balance"
course of study to each Client per week, with services being provided to
Clients in groups that meet three evenings per week, for a period of tluee
hours per group. Pazticipants will also be required to attend additional AA
and NA programs two other evenings a week Program length of stay will be
10
determined on an individual need basis: a) Clients referred through the Drug
Treatment Court will be required to complete a year long program; b) Clients
referred directly through TASC will complete a length of stay anywhere from
60 - 120 days, depending upon their assessment.
D. In addition to traditional IOP services, FH also agrees to provide additional
support 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) .lob Development, Housing and Life Sltills Services
h) Domestic Violence Support and Counseling
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 Cazolina 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 A hereto,.
III. 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.
IV . 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 ptmishnrent
population, and to reimburse FH for the Administrative Costs associated with
these services agreed to as provide for above..
V. 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 aze 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.
VI. FH shall not assign any interest in this contract, whether by assignment or
notation, without the prior written consent of the County, except as specified
herein..
VII. This contract may be terminated:
by either pazty, 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, Shazron Hinton,
Orange County, P O Box 8181, Hillsborough, North Carolina
27278, and as to FH, Trish Hussey, 104 New Stateside Drive,
Chapel Hill, North Cazolina, 27S 14;
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 piuchased after the notice of termination is received.
VIII. 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 aniounts
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 necessazy to insure that FH and any and all individuals worlting
with FH against any claim or claims for damages azising 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 pazticipants.
FH will notify the County, in writing, of any such complaint and the County will
in turn notify the Orange-Chatham .Justice Paztnerslup. 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
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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 Hurd parties that
enter FH prenuses. FH agrees to indemnify and hold harmless and defend the
County fram any act or omission of FH, its principals, agents, officers, directors,
employees, licensees, and invitees or other third pazties 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 Hurd pazties 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 maintahl 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 a1] personnel paid from funds obtained by FH puusuant
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
mazked as the property of the County with an appropriate tag or sign.. FH shall
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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.
XII Payment and Utilization of Funds
A. FH agrees that monies to be paid by the County aze contingent upon receipt by
the County of a Criminal .Justice Partnership Program (C.JPP) grant for these
services from the North Carolina Department of Correction Criminal .Justice
Paztnership 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 OPC for the services provided pursuant to
this contract up to the amount of $50.102 for the period beginning .July 1,
2004 and ending June 30, 2005.
C. FH shall invoice the County by the 10~' 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, 2005. 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
aze subsequently determined by the North Carolina Departrnent of Corrections
Criminal .Iustice 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,
XIII. FH agrees to submit program activity information on a monthly basis to the
Partnership and the Division of Community Correction.
XIV. FH and the County understand that ibis contract in no way assures or implies
continuation of funding or the provision of services beyond the term of this
contract.
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XV. FH is not an employee or agent ofthe 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.
XVI. Tlus 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, 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 f
Director and all authority duly given, this the ~ fh day of c° Llc rrttJ ey~
?004.
ORANGE COUNTY FREEDOM HOUSE COVERY CENTER.
By: ~~y~.-~'
Barry Jacobs, Chair Trish Hussey
Orange County Board of Commissioners Executive Director
[COUNTY SEAL]
ATTEST:
Donna Baker
Clerk to the Orange County
Board of Commissioners
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act,
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Finance Director, ICen Chavious
I (o
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
PROJECT TURN AROUND
THIS CONTRACT is made and entered into the day of , 2004,
between the County of Orange ("the County") and Project Turn Around ("PTA").
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, PTA desires to provide substance abuse treatment services using the
cognitive behavior approach to change the individual thinking of youthful intermediate
sanctioned offenders while introducing them to a lifestyle without drugs and alcohol; and
WHEREAS, the aforementioned Counties desire to use some portion of the
NCDOCC.TPP grant to contract with PTA to provide assessment, groups, and counseling
services for youthful intermediate sanctioned offenders identified as having a substance
abuse problem.
NOW THEREFORE, IT IS MUTUALLY agreed as follows:
I. This contract shall be effective for the period of July 1, 2004 through June 30,
2005.
II. PTA agrees to provide the following described assessment, groups and counseling
services to C.TPP-eligible youthfiil offenders in Orange County and Chatham
County (hereafter "program").
A. ACJPP-eligible youthful offender is defined as an intermediate sanctioned
offender age 16-25, referred to the program, which has a documented
substance abuse problem as defined by a TASC assessment.
B. The services provided by PTA shall include, but are not limited to the
following:
i) PTA will monitor and attend 15B District and Superior Court sessions
and shall make an initial determination as to whether an individual maybe
eligible to participate in the program; PTA will work closely with Adult
Probation, TASC and the 15B District Attorney's Office, judges,
attorneys, and court personnel to screen between fifteen (15) to twenty
(20) CJPP-adult offenders for possible entry into the program; PTA will
complete an intake assessment within 5-10 business days of the referral to
confirm the offender's eligibility to enter the program; PTA will notify the
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responsible agency of the acceptance or ultimate rejection of the offender
(hereafter "Client") for entry into the program.
ii) PTA will provide services to the identified interniediate population
through a three phase programming format.
Phase I (3 months)
Intake: 1 - 2 hours per offender, Individual sessions: 2 - 3 session
per week (45 minutes - I hour), Case conferences with TASC and
Probation (1-2 meetings per month or per offender progress)
Phase II (.3 months)
Individual sessions: 2-3 times per week (45 minutes to 1 hour),
Group session: 2 times per week for 9 weeks (6:.30 - 8:45 pm)
Mondays & Thursdays, Case Conference with TASC and
Probation (1- 2 meeting per month, depending on offender's
progress)
Phase III (3 months or longer depending on offender progress)
Individual sessions: I-.3 sessions per week (45 minutes to 1 hour),
Group session: I-2 group sessions per week -Relapse/process
group (6 - 7:.30 pm), Case conference with TASC and probation (1-
2 meeting per month, depending on offender's progress
C. The counseling services provided by PIA shall include, but are not limited to
the following:
i) Enter into an agreement with each Client, which contract lays out
all program rules and requirements and provides for drug and
alcohol testing to confirm abstinence from drug and alcohol abuse
and the confidentiality of infornlation and records
ii) Assign a Counselor to each Client who maybe assisted in
providing counseling services by responsible, properly trained and
screened volunteers, with all managers and volunteers being
supervised by a Program Director
iii) Work with DCC, TASC, and other involved parties in developing
an individual counseling plan for each Client.
iv) Contact or meet with the Client at least 2-3 times per week
v) Work closely with the Client's family to assist them in developing
better coping skills to effectively deal and relate to the Client's
addiction and abuse and to support Ylre Client's recovery
vi) Establish appropriate support mechanisms for Clients, engaging
them in a structured program that eliminates excess free time,
particularly on weekends
vii) Introduce Clients to Alcoholics Anonymous, Narcotics
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Anonymous, and other locally sponsored support groups such as
those provided by churches
viii) Conduct daily program activities as applicable such as
assessments, individual and group education and counseling using
the cognitive behavior approach, follow-up sessions, home and
school visits and meetings with probation officers, TASC,
employers, family members, pastors, school counselors and
resource officers
ix) Monitor work attendance and require that all Clients remain
employed while participating in the program
x) Monitor school attendance (including GED and high school
diploma completion)
xi) Provide acheck-in telephone number at PTA that Clients must call
on a weekly basis
xii) Conduct periodic random urine screening and/or breathalyzer
testing that is submitted at PTA, 15B probation offices (if ordered
by court) or at the Client's home, to confirm the Client's drug- and
alcohol-free status
xiii) Document thoroughly all contacts and activities
xiv) Terminate successfully any Client that completes the program
having followed all program requirement including remaining
alcohol and drug free for four (4) concurrent months while in the
program while remaining in school, cooperating and abiding with
parental rules including curfew
xv) Terminate unsuccessfully any Client that fails to comply with his
or her case maziagement plan, refuses to attend or enroll in school,
uses or tlueatens to use violence against staff or another Client;
brings in illegal or illicit drugs into the program, fails to respond to
anon-compliant letter, or is subject to new drug-related chazges
while in the program. Keep all parties involved in the unsuccessful
termination process of any Client.
xvi) Provide aftercare services to each Client for six months after the
Client successfully completes the program to offer support to the
Client and to help prevent recidivism
xvii) Respond to the 15B probation officer,,judges, TASC, and court
persormel's questions concerning the program and the Clients'
status in the program
xviii) Administer the program from an office located in the Police
Department of the Town of Chapel Hill
D. PTA agrees that the County will retain ultimate control and responsibility for
the services performed render this contract. PTA further agrees to be bound by
and in all respects comply with the conditions set forth in the grant contract
between NCDOCCJPP and the County as though it were the grantee under
that contract. A copy of the grant contract is attached and incorporated as
Exhibit A hereto.
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IIh All Client records, papers, and other documents kept by PTA that are obtained or
created pursuazit to this contract shall be maintained in a secure place and held
confidential and shall only be disclosed as is provided for by law or as necessary
for the full implementation of this contract, providing all releases signed.
N. PTA shall not assign any interest in this contract, whether by assignment or
notation, without the prior written consent of the County, except as specified
herein.
V. 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 PTA, Bill Cozart, Chapel Hill Police Dept..,
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 PTA as provided here (the cause shall be documented
in writing to PTA detailing the grounds for termination);
3. by mutual consent of both parties, in writing. In the event of
termination in pazt, 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, PTA shall cease work under this contract on the date,
and to the extent specified in the notice of termination. The
County slrall pay PTA 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.
VI, No employee of PTA 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 ofhis/her immediate
family.
VII. PTA agrees to maintain liability insurance during the term of this contract to the
extent required by Chapter 122C of the North Carolina General Statutes. To the
extent allowed bylaw, PTA shall be responsible for its acts and the errors and
omissions of its principals, agents, officers, directors, employees, licensees, and
invitees or other third parties, and PTA agrees to indemnify and hold harmless
and defend the County from any act or omission of PTA, its principals, agents,
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officers, directors, employees, licensees, and invitees or other third parties, and
PTA 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 PTA, its principals, agents,
officers, directors, employees, licensees, and invitees or other third parties which
occurs in connection with this agreement.
VIII. PTA agrees to record all administrative costs and all costs associated with
providing following generally accepted fund accounting procedures, To the
extent allowed by law, PTA 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, PTA agrees to submit program activity information to the
Information Management System (IMS) database of the Criminal Justice
Partnership Program immediately after each Client contact. PTA 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 PTA's Program Director or his/her designee. This
requirement applies to all personnel paid from funds obtained by PTA
pursuant to this agreement.
B, Supplies and Other Operating Expenses and Equipment. Documentation must
include purchase order authorization and audited vendor invoices approved by
PTA's Area Director or his/her designee. PTA further agrees to maintain a
current inventory of any County-owned equipment in its possession.
IX. Title to all property acquired in whole or in part with contract funds in accordance
with an approved budget urd 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. PTA 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..
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X. Payment and Utilization of Funds
A. PTA 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 PTA for the services provided pursuant to
this contract up to the amount of $44,401 for the period beginning July 1,
2004 and ending June .30, 2005.
C. Payment to PTA will be on a fee for service basis, not to exceed $44,401 for
the contracted period. It is projected that PTA will provide service to 15
offenders, each participating in three phases of the program at a cost of $894
per phase. The remaining balance of $4,171 will be budgeted as follows:
1. Mileage Reimbursement: $1,095
2. Telephone/Communication: $1,341
3, Printing: $150
4, Office Upkeep: $785
5. Office Equiprnent: $400
6. Educational Supplies: $400
D. PTA shall invoice the County by the 10°i business day of each month for
contract expenses paid in the previous calendar month, The County agrees to
reimburse PTA for all reimbursable expenses invoiced by August 15, 2005.
The invoice shall include fees for all services provided by PTA, including
administrative fees.
E. County shall pay PTA by check within thirty days
F. In the event that PTA expends any funds pursuant to this contract for the
provision of services, 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 bythe County..
G. PTA agrees that all payments made by the County on behalf of a Client who is
receiving services from PTA shall be credited towards the account of that
offender. PTA further agrees that if a member of the intermediate offender
population is eligible for benefits from any private health benef is plan or
other government-sponsored health benefits plan, then PTA shall only invoice
the County for that portion of the cost of'services not reimbursed by such
other health benefits plan.
as
XI. PTA agrees to submit program activity information on a monthly basis to the
Partnership and the Division of Community Correction.
XII. PTA 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.
XIII, PTA 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.
XIV, 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.
XV, The laws of the State ofNorth Carolina govern the validity and interpretation of
the provisions, terms and conditions of the contract.
XVh It is agreed that either pazty'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
Boazd of Commissioners, and sealed with its corporate seal, and the Project Turn Around
has caused this contract to be signed in its name by its Program Director and all authority
duly given, this the day of 2004.
ORANGE COUNTY Project Turn Around
By: By:
Barry Jacobs, Chair
Orange County Board of Commissioners Program Director
[COUNTY SEAL]
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ATTEST:
Domra Balser
Clerk to the Orange County
Board of Commissioners
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Finance Director, Ken Chavious