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HomeMy WebLinkAboutAgenda - 01-18-2001-8o ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2001 Action Agenda Item No. SUBJECT: CJPP Contract:- Orange/Chatham Alternative Sentencing DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Contract: Orange/Chatham Alternative Sharron Hinton, ext. 2300 Sentencing TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-0501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: . To contract with Orange/Chatham Alternative Sentencing for the continued implementation of pre-trial release services through the Criminal Justice Partnership Program (CJPP). BACKGROUND: Orange-Chatham Alternative Sentencing has provided pre-trial release services for Orange and Chatham Counties since 1995. The program addresses jail overcrowding. Specifically, its goals are to: (a) Reduce the likelihood that indigent inmates are held in jail pre-trial solely due to indigence when stability is evident and community risk is low; (b) Protect the community from additional criminal activity by those released from jails pre-trial; . and (c) Reduce the amount of funding spent by state and county on incarceration. FINANCIAL IMPACT: Pursuant to the attached contract, the County will provide $82,206 to Orange/Chatham Alternative Sentencing for fiscal year 2000-2001. CJPP grant monies approved during the FY 2000-2001 budget process provide funding for this contract. No additional county funds are required. RECOMMENDATION(S): The Manager recommends that the Board approve the contract in substantially the form of the contract attached and authorize the chair to sign. 2 NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-CHATHAM ALTERNATIVE SENTENCING ORANGE COUNTY INC. THIS AGREEMENT made and entered into this _ day of January, 2001 by and between Orange County, North Carolina, on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereinafter referred to as "the County", and Orange- Chatham Alternative Sentencing, Inc., hereinafter referred to as "OCAS." WITNES SETH WHEREAS, the County acting as fiscal agent for the Orange-Chatham Criminal Justice Partnership Program has received a grant from the North Carolina Department of Correction Criminal Justice Partnership Program to provide services to individuals in the criminal justice systems of Orange and, Chatham Counties, including a pre-trial release 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 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 July 1, 2000 to June 305 2001 to continue to operate its pre-trial release program. The program activities during this period shall, except as expressly provided in this agreement, correspond with the Pre-Trial Release Program Summary and the Pre-Trial Release Operating Policies and Procedures and all other related activities described in the 2000-2001 CJPP Community Corrections Application for Continuation of Implementation Funds, which Application is hereby. incorporated into this agreement by reference. 3 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. 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 submits program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program on a timely basis. 5. 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 release program, to include necessary documentation and data collection per the February 17, 1998 pre-trial release program agreement between County and OCAS 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 J82,206 for the period beginning July 1, 2000 and ending June 30, 2001. The budget for the contract period is as follows: Services Money Personnel $51,776 Fringe Benefits $11,780 Operating Expenses $11,325 Travel $ 2,005 Equipment $ 2,000 Contractual and Other $ 3,320 Total $82,206 4 OCAS agrees to provide the County with its reimbursement requests by the second day of each month for the previous month's expenses. 1. OCAS 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 agreement is reduced, dollar for dollar, by the amount of any reduction in the State grant. 2. OCAS agrees to the following conditions regarding the budget: 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. 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 to assist County by providing any information required pursuant to any audit conducted by the North Carolina Department of Correction Criminal Justice Partnership Program. If as a result of inspection or of an audit, any project expenditure represented by this agreement is disallowed, and subsequently the North Carolina Department of Correction Criminal Justice Partnership Program in its discretion reduces the amount of the grant award to the County by the amount disallowed, OCAS agrees to reimburse the County in the amount of any reduction. 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. 5 E. Insurance. 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 dollars per claim and one million dollars aggregate for professional and comprehensive general liability insurance) 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 injuries 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 Criminal Justice Partnership Advisory Board. 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 during 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, and employees. OCAS agrees to indemnify and hold harmless and defend the County from any act or omission of OCAS, its principals, agents, officers, directors and employees 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 and employees which occurs in connection with this agreement. F. Termination. This agreement may be terminated by either party: 1. at any time upon mutual consent of both parties; 2. 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 OCAS, Joyce Kuhn, Executive Director, 116 S. Churton Street, Hillsborough, North Carolina 27278; 3. at any time, for cause, in case of jeopardy to the client, upon notice to OCAS as provided here (the cause shall be documented in writing to OCAS detailing the grounds for termination); 4. 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 6 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 welfare and pension benefits, worker's compensation insurance, or any other fringe benefits of employment. OCAS agrees not to subcontract or assign any of the services contemplated under this agreement without the prior written approval of the County. H. This agreement is not subject to renewal. 1. OCAS and the County agree that each party will comply with such non- discrimination laws as may be applicable to them in performance of this agreement. J. This agreement contains the entire understanding of the parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both parties. K. 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 this agreement in their official capacities on the day and year listed below. This the day of , 2001. By: ORANGE COUNTY Stephen Halkiotis, Chair Orange County Board of Commissioners ATTEST: Beverly A. Blythe, Clerk to the Board of Commissioners OCAS. By: ATTEST: