HomeMy WebLinkAboutAgenda - 06-23-2005-5hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2005
Action Agenda
Item No. 5 -
SUBJECT: CJPP 2004-2005 Service Continuation Contract Amendments
DEPARTMENT: County Manager
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Amended Contracts:
1.. Freedom House Recovery Center
Project Turn Around
INFORMATION CONTACT:
Sharron Hinton, ext 2302
Trish Vandersea, ext 2217
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To amend the Criminal Justice Partnership Program (C.1PP) contracts with Project
Turn Around (PTA) and Freedom House Recovery Center.
BACKGROUND: At the December 14, 2004 BOCC meeting, the Board approved the contracts
for Freedom House ($50,102) and PTA ($44,401) far services to clients eligible far CJPP
dollars. These grant funds are designed to assist adult offenders sentenced to intermediate
sanctions. ACJPP-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 post-release supervision after
completing an active sentence of imprisonment.
Due to staff turnover at PTA, lapsed salary funds totaling $16,000 will not be spent by PTA
during this fiscal year, Instead of returning these unused dollars to the state funding agency,
NC Department of Correction, the County has the opportunity to transfer said dollars to another
contract agency, Freedom House, As the grant dollars are itemized within our contractual
services line item, only an amendment is required.
The contract for Freedom House was to provide intensive outpatient treatment services, Not
only has this agency provided services as specified in their contract, but it has also exceeded
the eligible amount of reimbursement for service delivery, To date, it has provided 823 days of
service for 27 individuals totaling $87,682. Of this amount, $37,580 exceeded the dollars
available within the current contract. These additional services represent 8 new clients, plus
clients carried over from previous months. Freedom House maintains a standing caseload of
approximately 12 people.
The attached contracts amend the dollar amounts for both agencies, reducing the PTA contract
by $16,000 and increasing the Freedom House contract by the same amount, This reallocation
will offset the costs associated with the continuation of services for Qrange County CJPP-
eligible residents,
FINANCIAL IMPACT: The proposed amendment has no fiscal impact on County funds,
RECOMMENDATION(S): The Manager recommends that the Board approve the contract
amendments and authorize the Chair to sign,
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
THE FREEDOM HOUSE RECOVERY CENTER
THIS CONTRACT is made and entered into the 23rd day of .June 2005, between
The County of Orange ("the County") and The Freedom House Recovery Center ("FH").
WHEREAS, the North Carolina Department of Correction Criminal .Justice Partnership
Program ("CJPP") has awarded a North Carolina Department of Correction Criminal
.Justice Partnership Program ("NCDOCC.JPP") 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 their curriculum.
NOW THEREFORE, IT IS MUTUALLY agreed as follows:
This contract shall be effective for the period of July 1, 2004 through .Tune 30,
2005.
Ih FH agrees to provide IOP services to the CJPP-eligible intermediate punishment
offender population in Orange County and Chatham County..
A. ACJPP-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 punislunent or who is serving a term
ofpost-release supervision after completing an active sentence of
imprisonment.
B. I S-B Department of Community Corrections shall make an initial
determination as to whether an individual is eligible to participate in the CJPP
program; Treatment Alternatives to Street Crime ("TASC") will assess
eligible individuals in order to determine the services needed by these
individuals azrd 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 three
hours per group. Participants will also be required to attend additional AA
and NA programs two other evenings a week. Program length of stay will be
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
fl Educational Services
g) .Job Development, Housing and Life Skills 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 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,
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 C.TPP administration.
N. 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 punishment
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 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.
VL 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.
VIL. This contract may be terminated:
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 FH, Trish Hussey, 104 New Stateside Drive,
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 FH as provided here (the cause shall be documented
in writing to FH detailing the grounds for termination);
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, 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 purchased 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 ofhis/her immediate
family.
IX. FH will procure and maintain adequate insurance policies covering professional
liability, comprehensive general liability and worker's compensation in an~ounts
required by State law (and not less than one million dollars per clairn and one
million dollars aggregate for professional and comprehensive general liability
insurance) as necessazy to insure that FH and any and all individuals working
with FH against any claim or claims for damages arising 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 participants.
FH will notify the County, in writing, of any such complaint and the County will
in turn notify the Orange-Chatham Tustice Partnership, 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 third parties that
enter FH premises. FH agrees to indemnify and hold harmless and defend the
County from any act or omission of FH, its principals, agents, officers, directors,
employees, licensees, and invitees or other third parties that eriter 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 third parties 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 bylaw, FH agrees that the County
may, at its sole discretion, perform an annual audit of the project which shall
comply with the requirements of'tlre 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 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 FH's Executive Director orhis/her designee. This
requirement applies to all personnel paid from funds obtained by FH pursuant
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 orhis/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 he
marked as the property of the County with an appropriate tag or sign. FH 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
Cowrty 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 are contingent upon receipt by
the County of a Criminal Justice Partnership Program (C.1PP) 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 FH for the services provided pursuant to this
contract up to the amount of $ $66,102 for the period beginning July 1, 2004
and ending June 30, 2005.
C, FH shall invoice the County by the 10`h 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 Department of Corrections
Criminal Justice 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 benef is plan..
XIIh FH agrees to submit program activity information on a monthly basis to the
Partnership and the Division of Community Correction,
XN. FH 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.
XV. FH 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.
XVL 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.
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
Director and all authority duly given, this the day of
2005,
ORANGE COUNTY FREEDOM HOUSE RECOVERY CENTER
By: By:
Moses Carey, Chair Trish Hussey
Orange County Board of Commissioners Executive Director
[COUNTY SEAL]
ATTEST:
Domra Baker
Clerk to the Orange County
Board of Commissioners
This instrument bas been pre-audited in the manner rec{uired by the Local Government
Budget and Fiscal Control Act.
Finance Director, Ken Chavious
CONTRACT BETWEEN
THE COUNTY OF ORANGE, NORTH CAROLINA
AND
PROJECT TURN AROUND
THIS CONTRACT is made and entered into the 23rd day of June 2005, 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
.Iustice 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 NCDOCCJPP
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
(hereafter "Contract Period"),.
II. PTA agrees to provide the following described assessment, groups and counseling
services to CJPP-eligible youthful 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
program services (hereafter "Program Services"):
i) PTA will provide the following intake services:
Eligibility Phase: PTA will monitor and attend 15B District and
Superior Court sessions and shall make an initial detern~ination as to
whether an individual may be 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
approximately ten (10) GTPP-eligible youthful offenders for possible entry
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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 responsible agency of the acceptance or
ultimate rejection of the offender (hereafter "Client") for entry into the
program.
ii) PTA will provide the following hours of Counseling Services to Clients
through a three phase programming format:
Counseling Phase I (3 months)
Intake: (1-2 hours), Individual Counseling Services: 2 - 3 session per'
week (45 minutes - I hour), Case conferences with TASC and
Probation: 1-2 meetings per month (45 minutes - 1.5 hours per
meeting) or as required per Client progress
Counseling Phase II (3 months)
Individual Counseling Services: 2-3 times per week (45 minutes to 1
hour), Group Counseling Services: 2 times per week for 9 weeks
(6:30 - 8:45 pm) Mondays & Thursdays, Case Conference with
TASC and Probation: 1- 2 meetings per month (45 minutes - 1.5
hours per meeting) or as required per Client progress
Counseling Phase III (3 months or longer depending on Client
progress)
Individual Counseling Services: 1-3 sessions per week (45 minutes to
1 hour), Group Counseling Services: 1-2 group sessions per week -
Relapse/process group (6 - 7:.30 pm), Case conference with TASC
and probation: 1-2 meetings per month (45 minutes - 1.5 hours per
meeting) or' as required per Client progress
C. The Counseling Services provided by PTA 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 ofinformation and records
ii) Assign a Counselor to each Client who may be 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
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developing better coping skills to effectively deal and relate to
the Client's addiction and abuse and to support the 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
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 pazticipating 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 unsuccessfiilly any Client that fails to comply with
his or her case management 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 charges 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
personnel'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
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D. PTA agrees that the County will retain ultimate control and responsibility for the
Program Services perfornted under this contract,. PTA fiuther agrees to be
bound by and in all respects comply with the conditions set forth in the grant
contract between NCDOCCIPP 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..
III. All Client records, papers, and outer documents kept by PTA that are obtained or
created pursuant 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 are signed.
IV, 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 may be terminated:
4. 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 patties, 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, PTA shall cease work under this contract on the date,
and to the extent specified in the notice of termination. The
County shall pay PTA the agreed upon amount for the delivery of
Program 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 Program Services for Clients 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.
13
VII. PTA agrees to maintain liability insurance during the term of this contract to the
extent required by Chapter 1220 of the North Carolina General Statutes. To the
extent allowed by law, PTA shall be responsible for its cats 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 fiom any act or omission ofPTA, its principals, agents, 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, officer's,
directors, employees, licensees, and invitees or other third parties which occurs in
connection with this Contract.
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 Program Services
provided. Reports must be signed by PTA's Program Director or his/her
designee. This requirement applies to all personnel paid from fiords obtained by
PTA pursuant to this Contract,
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..
14
IX. 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. 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.
X. Payment and Utilization of Funds
A. The County agrees to compensate and reimburse PTA for the Program Services
provided pursuant to this contract up to the amount of $ $28,401 for the Contract
Period, In no event shall the maximum liability of the County under this
Contract exceed $28,401 for the Contract Period, PTA agrees that monies to be
paid by the County are contingent upon receipt by the County of a Criminal
.Justice Partnership Program (C.TPP) grant for the Program Services from the
North Carolina Department of Correction Criminal .Justice Partnership Program
and the total obligation of the County under this contract is reduced, dollar for
dollar, by the amount of any reduction in the State grant.
B, It is projected that PTA will provide Program Services to approximately 10
Clients during the Contract Period, each receiving Counseling Services during
three Counseling Phases of approximately .3 months per Phase, budgeted at
$894/Client/Phase.. PTA shall be compensated for Program Services based upon
the following Payment Rate:
$10.00 Per "Day" Per Client
"Day" shall be defined as each calendar day that a Client is actively emolled in a
Counseling Phase. A Client shall be deemed to be actively emolled in a
Counseling Phase if the Client actually receives as scheduled the hourly
Program Services provided for in Paragraph ILB.ii above. The remaining
balance of $1,581 (hereafter "Administrative Costs") will be budgeted as
follows:
L Mileage Reimbursement: $556
2. Telephone/Communication: $500
3. Printing: $75
4. Office Equipment: $200
5, Educational Supplies: $250
C. PTA shall submit monthly invoices by the 10°i business day of each month for
Program Services, including Administrative Costs, in a form and substance
acceptable to the County with all of the necessary supporting documentation,
prior to any payment. Such invoices shall, at a minimum, include the days each
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Client is actively engaged in a Counseling Phase, the hours of Program Services
provided to the Client, the applicable Payment Rate, the total compensation
requested for the Client, an itemized IisC of Administrative Costs actually
incurred and the total amount due PTA for the period invoiced. Subject to the
limitations set forth above, the County shall pay PTA by check within thirty
days of receiving an invoice from PTA.
D. In the event that PTA expends any funds pursuant to this contract for the
provision of Program Services, and such funds are subsequently determined by
the North Carolina Depaztment of Corrections Criminal Justice Partnership
Program to be non-reimbursable, such costs shall be considered non-
reimbursable by the County..
E. PTA agrees that all payments made by the County on behalf of a Client who is
receiving Program Services from PTA shall be credited towazds the account of
that Client..
XI. PTA agrees to submit program activity information on a monthly basis to the
Paztnerslrip 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 Program 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 pazties 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 of North Carolina govern the validity and interpretation of the
provisions, terms and conditions of the contract.
XVI. 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 Project Turn Around has caused
this contract to be signed in its name by its Prograrn Director and all authority duly given,
this the day of 2005..
16
ORANGE COUNTY Project Turn Around
By:
By:
Moses Cazey, Chair
Orange County Board of Commissioners Program Director
[COUNTY SEAL]
ATTEST:
Donna Baker
Clerk to the Orange County
Boazd 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