Loading...
HomeMy WebLinkAboutAgenda - 01-18-2001-8p ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2001 Action Agenda Item No. SUBJECT: CJPP Contract -- OPC Mental Health DEPARTMENT: County Manager ATTACHMENT(S): Contract: OPC Mental Health PUBLIC HEARING: (WN) No INFORMATION CONTACT: Sharron Hinton, ext. 2300 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To contract with Orange-Person-Chatham Mental Health for services to Criminal Justice Partnership Program (CJPP) eligible offenders. BACKGROUND: The Orange-Chatham Justice Partnership Advisory Board has approved the allocation of CJPP grant funds for substance abuse services for CJPP-eligible clients. The contract provides for the case management, referral and treatment services for these offenders. As the contract agency, OPC Mental Health will assess individuals in order to determine the service(s) needed and refer clients as appropriate to treatment programs and services offered by OPC or through subcontracts between OPC and other agencies. The service continuum may include residential treatment substance abuse programs, mental health programs, and regular and intensive outpatient services. Services provided by OPC will serve as a special condition of probation and are designed to enhance the offenders' success with probation. FINANCIAL IMPACT: Pursuant to the attached contract, the County will provide $85,000 to OPC Area Mental Health 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 CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND ORANGE PERSON CHATHAM MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY THIS CONTRACT is made and entered into this day of , 2001; between The. County of Orange ("the County") and The Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority ("OPC"). 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 OPC to provide case management, referral, and treatment services for individuals in the intermediate punishment population in Orange County and Chatham County; and WHEREAS, OPC desires to arrange for or provide case management, referral, and treatment services through its Treatment Alternatives to Street Crime program (TASC); WHEREAS, OPC, CJPP and the Counties recognize the need to actively investigate and respond to the needs of the non-English speaking intermediate punishment population. NOW THEREFORE, IT IS MUTUALLY agreed as follows: I. This contract shall be in effect from its date of execution to June 30, 2001. II. OPC agrees to provide case management and referral services 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 a non- incarcerative sentence of an intermediate punishment or who is serving a term of post-release supervision after completing an active sentence of imprisonment. B. DCC/OPC shall make an initial determination as to whether an individual is eligible to participate in the CJPP program; OPC will assess eligible individuals in order to determine the services needed by these individuals and refer clients as appropriate to treatment programs and services offered by OPC or through subcontracts between OPC and other agencies. 3 C. The services provided by OPC shall include, but are not limited to, referral to appropriate residential treatment substance abuse programs, mental health programs, and regular and intensive outpatient services. III. Orange County, as lead fiscal county, agrees to reimburse OPC on a monthly basis for the services that OPC, itself or through a third party provider, provides to the intermediate punishment population, and to reimburse OPC for the administrative costs associated with these services as was previously agreed. The administrative costs associated with dispersal to both third party subcontractors and OPC will be broken out into the agreed upon format by line item. IV. Prior to implementation of this contract, OPC shall submit to County an estimate of the administrative costs associated with this contract and estimates for the services that will be provided to the intermediate punishment population, either by OPC or by a third-party. County, in conjunction with the NCDOCCJPP Coordinator, shall approve estimated costs prior to implementation of this contract. If, during the course of this contract, OPC determines that the agreed- upon costs need to be adjusted, OPC 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. V. OPC agrees that it will be responsible for maintaining records of all individuals to whom it provides services; all individuals for whom it contracts with third parties for services; and all individuals for whom it provides case management services. VI. All client records, papers, and other documents kept by OPC or a third party with which OPC has contracted for provision of services to the intermediate punishment population 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. VII. OPC 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. VIII. OPC may enter into such third party contracts as are necessary to provide services to the intermediate punishment population in Orange County and Chatham County. Any contracts entered into by OPC shall comply with all applicable provisions of Chapter 122C of the North Carolina General Statutes and T10:14C.1010 of the North Carolina Administrative Code. The County may inspect any third-party contract entered into for the benefit of a member of the intermediate punishment population in Orange County .and/or Chatham County as it deems necessary. 4 IX. This contract shall terminate June 30, 2001. Either party may terminate this contract prior to June 30, 2001 by providing the other party with ninety (90) days written notice. A violation of this contract by either party shall entitle the party that has not violated the contract to terminate this contract in writing with thirty (30) days notice. This contract may be renewed, provided that a new contract is signed prior to the expiration of the current contract. X. No employee of OPC or of any agency with which OPC contracts to provide services to offenders 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 him/her or any member of his/her immediate family. XI. OPC agrees to maintain liability insurance during the term of this contract to the extent required by Chapter 122C of the North Carolina General Statutes. XII. OPC agrees to record all administrative costs and all costs associated with providing services to the intermediate offender population following generally accepted fund accounting procedures. OPC further agrees to maintain adequate documentation to support all co' sts billed to County pursuant to this contract. Such records and supporting documentation must be retained and available for audit purposes until June 30, 2004. 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 OPC's Area Director or his/her designee. This requirement applies to all personnel paid from funds obtained by OPC pursuant to this contract. B. Contractual Services: For individual contractual service providers, documentation must include the signed contract, time and attendance reports showing time period, payment rate, hours per day and service(s) provided. Documentation must be signed by the contractual service provider and the project director. In case of organizations performing professional services, documentation must include a detailed billing indicating services performed or products delivered, payment rate consistent with contractual agreement, and approval by OPC's Area Director or his/her designee. C. Supplies and Other Operating Expenses and Equipment. Documentation must include purchase order authorization and audited vendor invoices approved by OPC's Area Director or his/her designee. OPC further agrees to maintain a current inventory of all County-owned equipment in its possession. 5 XIQ. 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. OPC 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. XIV. Payment and Utilization of Funds A. OPC 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 OPC for all expenses invoiced by August 15, 2001. The invoice shall include fees for all services provided by OPC, including administrative fees, and all sums expended by OPC for services from third party providers. B. County shall pay OPC by check within thirty days. C. In the event that OPC 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. D. OPC agrees that all payments made by the County on behalf of a member of the intermediate offender population who is receiving services from OPC, or a third party provider under contract to OPC, shall be credited towards the account of that offender. OPC 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 OPC shall only invoice the County for that portion of the cost of services not reimbursed by such other health benefits plan. XV. OPC and the County agree to comply with all applicable State and federal laws. XVI. OPC 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. XVII. 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. 6 IN WITNESS WHEREOF, Orange County has caused this contract to be signed in its name by its County Manager, attested by the Clerk to the Board of Commissioners, and sealed with its corporate seal, and the Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority has caused this contract to be signed in its name by its Area and all authority duly given, this the day of 2001. ORANGE COUNTY Orange Person Chatham Mental Health Developmental Disabilities and Substance Abuse Authority By: By: Stephen Halkiotis, Chair Thomas Maynard Orange County Board of Commissioners Area Director [COUNTY SEAL] ATTEST: Beverly A. Blythe 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