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HomeMy WebLinkAboutAgenda - 12-13-2005-5gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 13, 2005 Action Agenr~da Item No. -q SUBJECT: CJPP 2005-2006 Service Continuation Contracts DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contracts: 1.Orange-Chatham Alternative Sentencing 2. Freedom House Recovery Center 3. Project Turn Around INFORMATION CONTACT: Sharron Hinton, 245-2300 PURPOSE: To approve contracts for the continuation of services provided through the NC Criminal Justice Partnership Program (CJPP).. BACKGROUND: Funding in the amount of $163,914 has been approved by the NC Department of Correction for the continuation of services for Orange and Chatham County residents. These grant funds are designed to assist adult offenders sentenced to intermediate sanctions. A CJPP-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. Orange County has served as the fiscal agent since the original grant allocation was received in 1994. Program services are administered through the OCJP and provided through contractual arrangements. The following contracts are recommended by the OC.1P for the continuation of CJPP service delivery: A. Orange-Chatham Alternative Sentencing -This contract provides for pre-trial release services. The purpose of the program is to identify and monitor eligible candidates from the Orange and Chatham County jails in order to reduce jail overcrowding. The contract totals $40,979. B. Freedom House Recovery Center -This contract provides intensive outpatient treatment (IOP) services to eligible intermediate sanctioned offenders. The contract totals $55,102. C, Project Turn Around -This contract provides intensive substance abuse counseling services to C.1PP-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, TASC or under the guidelines of the 156 drug court, The contract totals $21,968. D, Residential/Intensive Outpatient Treatment Reserve - These funds are used for emergency residential placement treatment options, The $19,739 cut from the Pre-Trial Services program has been added to this account until .January 2006 when the CJPP board will review current service delivery needs, submit a request for proposals and allocate funding accordingly. The reserve totals $35,865, E, The remaining balance of $10,000 is used to support the administrative functions of the OCJP. FINANCIAL IMPACT: State funds from the NC Department of Correction are provided to expedite these services, Senate Bill 622, which was approved on August 13, 2005, limits the use of CJPP grant funds for pre-trial release programs, For FY 2005-06, pre-trial programs can be funded at a maximum of 25% (reduced from 50%) of the total funding amount, To offset this reduction in state dollars, the previous agenda item (Item 5-f) requested that the BOCC appropriate $19,739 from the Critical Needs Reserve to continue service delivery through Orange-Chatham Alternative Sentencing for the current fiscal year, Beginning July 1, 2006, state funding far pre-trial programs will be permanently eliminated. RECOMMENDATION(S): The Manager recommends that the Board approves the contracts and authorize the Chair to sign subject to final review by staff and the County Attorney. 3 CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC. THIS CONTRACT is made and entered into the day of , 2005 between the County of Orange ("Che 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 from the North Carolina Department of Correction Criminal .Justice Partnership ("NCDOCCJPP") 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 anon-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 July 1, 2005 to June 30, 2006 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 Program Summary and the Pre-Trial Release Operating Policies and Procedures and all other related activities described 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. 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 detern~ine 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 agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each client contact. 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 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 tlmis agreement up to the amount of $40,979 for the period beginning .luly 1, 2005 and ending June 30, 2006. The budget for the contract period is as follows: Services Money Personnel $30,000 Operating Expenses $5,250 Travel $750 Contractual and Other $4,979 Total $40,979 OCAS agrees to provide the County with its reimbursement requests by the 10°i business day of each month for the previous month's expenses, The County agrees to reimburse OCAS for all reimbursable expenses invoiced by August 15, 2006. 1. OCAS agrees tlmat monies to be paid by the County are contingent upon receipt by the County of a Criminal Justice Partnership Program (CJPP) grant for' tlmese 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 tlme budget: 2 5 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 approvah Further, the overall approval rests with the granting authority of the NCDOCCJPP 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 aze 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 ofthis agreement. 3 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 genera] liability and worker's compensation in amounts required by State law (and not less than one million dollars per claim and one million dollazs 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 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 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 ennrs and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third pazties that enter OCAS premises. OCAS agrees to indemnify and hold harmless 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, officer's, directors, employees, licensees, and invitees or other third parties that enter OCAS premises which occurs in connection wiHr this agreement. F. This agreement may be terminated by either party: 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, .Joyce Kulm, Executive Director, 116 S. Churton Street, Hillsborough, North Carolina 27278; 4 7 2. at any 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 ternination); 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 welfare 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 maybe applicable to them in the performance of this agreement.. K. OCAS and the County understand that this contract in no way assures or implies continuation of funding or the provision of'services beyond the teen of this conhact L. No employee of OCAS may participate 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 ofhis/her immediate 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 5 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 parties and shall not be altered, amended or modified except by an agreement in writing executed by the duly authorized officials of both pazties. 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 this agreement in their official capacities on the day and year listed below. This the _ day of , 2005,. ORANGE COUNTY By: Barry Jacobs, Chair Orange County Board of Commissioners ATTEST: Donna Baker, Clerk to the 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 6 i CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND THE FREEDOM HOUSE RECOVERY CENTER THIS CONTRACT is made and entered into the _ day of 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 ("C.1PP") 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 FH to provide Intensive Outpatient treatment services for individuals in the intermediate punislunent population in Orange County and Chatham County; and WHEREAS, FH desires to provide Intensive Outpatient 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 I. This contract shall be effective for the period of.Iuly 1, 2005 through .Tune .30, 2006. II. FH agrees to provide Intensive Outpatient ("IOP") services, as more specified in FH's Orange-Chatham Justice Partnership C.TPP Application for Funding, which is attached hereto as Exhibit A and incorporated herein by reference ("FH CJPP Application"), to the CJPP-eligible intermediate punishment offender population in Orange County and Chatham County. A. ACJPP-eligible intermediate punislunent 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 ofpost-release supervision after completing an active sentence of imprisomnent, B, 15-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 and refer these individuals ("Clients") as appropriate to FH for its IOP services. C. FH agrees to provide IOP services to Clients, with services being provided to Clients in groups of up to .30 Clients that meet at least tluee evenings per ~o week, for a period of at least tluee hours per group. Participants will also be required to attend additional AA and NA programs at least two other evenings a week. It is estimated that approximately 60 Clients will complete an anticipated length of'stay in the program of approximately 120 days, depending upon their assessment.. D. In addition to IOP services, FH also agrees to provide additional 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 Skills Services h) Domestic Violence Support and Counseling i) Other services specified in the FH C.IPP Application. 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 B 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, 2 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: 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 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); 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 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 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 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 tum notify the Orange-Chatham .Iustice 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 3 is period of this contract, either tinder 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 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 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 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 .Iustice Partnership Program immediately after each Client contact. FH further agrees to raintain 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 eaclr 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 all personnel paid from funds obtained by FH pursuant Co 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 fiords 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. FH shall 4 ~3 exercise due caution in the use, maintenazrce, 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 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 OPC for the services provided pursuant to this contract up to the amount of $55,102 for the period beginning July 1, 2005 and ending June 30, 2006. 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, 2006, 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 are subsequently determined by the North Cazalina Depaztment of Corrections Criminal Justice Paztnership 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. XfV, 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 ofboth parties, XVII. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions of the contract, XVIIL 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 By: Barry .Iacobs, Chair Trish Hussey Orange County Board of Commissioners Executive Director [COUNTY SEAL] ATTEST: Donna Baker Clerk to the Orange County Boazd of Corrunissioners This instmment bas been pre-audited in the manner required by the Local Government Budget and Fiscal Conhol Act. FREEDOM HOUSE RECOVERY CENTER Finance Director, Ken Chavious 15 CONTRACT BETWEEN THE COUNTY OF ORANGE, NORTH CAROLINA AND PROJECT TURN AROUND THIS CONTRACT is made and entered into the day of , 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 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 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 .Iuly 1, 2005 through .June 30, 2006. 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. A C.IPP-eligible youthful offender is defined as an intem~ediate 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 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 between ten (10) to fifteen (15) 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 16 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 intermediate population through a tluee phase programming format.. Phase I (3 months) Intake: 1 - 2 hours per offender, Individual sessions: 2 - .3 session per week (45 minutes - 1 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: 1-3 sessions per week (45 minutes to 1 hour), Group session: 1-2 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 PTA shall include, but aze 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 wlro 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 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 l7 Anonymous, and other locally sponsored support groups such as those provided by churches viii) Conduct daily program activities as applicable Stich 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, I SB 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 management plan, refuses to attend or enroll in school, uses or threatens 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 al] 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 Depaztment of the Town of Chapel Hill D. PTA agrees that the County will retain ultimate control and responsibility for the services performed under this contract. PTA further agrees to be bound by and in all respects comply with the conditions set forth in the grant contract between NCDOCC.TPP 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.. ig III. All Client records, papers, and other 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 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 specif ed herein. V. This contract may be terminated: 1. 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, 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 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 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 rnaintain 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, 19 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 bylaw, 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 rnay, 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 ofthe Criminal Justice Paztnership 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 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. ao 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 .lustice Partnership Program (CJPP) grant for these services fiom the North Carolina Depaztment 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 $21,968 for the period beginning July 1, 2005 and ending .June 30, 2006. Payment to PTA will be on a fee for service basis, not to exceed $21,968 for the contracted period. It is projected that PTA will provide service to 10 offenders, each participating in three phases of the program at a cost of $730 per phase. The remaining balance of $968.00 will be used for trainings and educational suuplies. D. PTA 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 PTA for all reimbursable expenses invoiced by August 15, 2006. 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 Deparhnent of Corrections Criminal .lustice Partnership Program to benon-reimbursable, such costs shall be considered non- reimbursable by the 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 frorn any private health benefits 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. XI. PTA agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. ai XIh PTA and the County understand that this contract in noway assures or implies continuation of funding or the provision of services beyond the teen of this contract. XIIL 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,. XN. 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 of North Cazolina 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 Program Director and all authority duly given, this the ORANGE COUNTY By: day of 2005. Barry Jacobs, Chair Orange County Board of Commissioners [COUNTY SEAL] Project Tum Around By: Program Director ATTEST: as 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. Finance Director, Ken Chavious