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HomeMy WebLinkAboutAgenda - 01-21-2003-8iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2003 Action Agenda Item No. &) SUBJECT: OCJP Contracts (OPC Mental Health and Orange-Chatham Alternative Sentencina) DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Contract: OPC Mental Health INFORMATION CONTACT: II. Contract: Orange-Chatham Alternative Sharron Hinton, ext 2302 Sentencing TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To approve continuation contracts to OPC Mental Health for substance abuse treatment and Orange-Chatham Alternative Sentencing for pre-trial release services. BACKGROUND: In November 2002, the Orange-Chatham Justice Partnership (OCJP) was advised that Orange and Chatham counties would receive $123,916 from the NC Department of Correction, Criminal Justice Partnership Program (NCCJPP). For FY 2002-2003, the OCJP has recommended the continuation of program services provided by OPC Mental Health and Orange-Chatham Alternative Sentencing. OPC Mental Health provides counseling and an array of substance abuse treatment services for CJPP-eligible clients. Additionally, this year OPC will provide support to the drug treatment court for CJPP-eligible clients. The contract in the amount of $53,198 continues the provision of these services and support to the drug treatment court. Orange-Chatham Alternative Sentencing provides pre-trial release services for CJPP-eligible clients incarcerated in the Orange and Chatham county jails. The contract amount for continuation of these services is $60,718. FINANCIAL IMPACT: State dollars support the contracts totaling $113,916; the balance of the state grant award ($10,000) is used for administrative purposes. RECOMMENDATION(S): The Manager recommends that the Board approve the continuation contracts for OPC Mental Health and Orange-Chatham Alternative Sentencing. A-6ck?a i a 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 the _ day of 2003, 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; WHEREAS , the aforementioned Counties desire to support the pilot Orange County Drug Court by using some portion of the NCDOCCJPP grant to contract with OPC to provide outpatient services, particularly Intensive Outpatient treatment, and case management to offenders adjudicated by the Drug Court, and close liaison and other support to the Drug Court; 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: 1. This contract shall be effective for the period of November 1, 2002 through June 30, 2003. 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. 3 B. 15-B Department of Community Corrections (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. 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. D. OPC agrees that the County will retain ultimate control and responsibility for the services performed under this contract. OPC 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. 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. 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. 2 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. IX. 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 OPC, Thomas Maynard, 101 E. Weaver Street, Suite 300, Carrboro, North Carolina, 27510; 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 OPC as provided here (the cause shall be documented in writing to OPC 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, OPC shall cease work under this contract on the date, and to the extent specified in the notice of termination. The County shall pay OPC 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. 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 the employee 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. To the extent allowed by law, OPC 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 OPC agrees to indemnify and hold harmless and defend the County from any act or omission of OPC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties, and 3 OPC 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 OPC, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties which occurs in connection with this contract. 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. To the extent allowed by law, OPC 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. OPC agrees to submit program activity information to the Information Management System (IMS) database of the Criminal Justice Partnership Program immediately after each client contact. OPC 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 until June 30, 2005. 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. XIII. 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 6 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 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 $53,198 for the period beginning November 1, 2002 and ending June 30, 2003. C. OPC shall invoice the County by the 10`" business day of each month for contract expenses paid in the previous calendar month. The County agrees to reimburse OPC for all reimbursable expenses invoiced by August 15, 2003. 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. D. County shall pay OPC by check within thirty days. E. 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. F. 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 agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. 5 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. OPC 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. XVIII. 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. XIX. The laws of the State of North Carolina govern the validity and interpretation of the provisions, terms and conditions of the contract. XX. 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 Orange Person Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority has caused this contract to be signed in its name by its Area Director and all authority duly given, this the ORANGE COUNTY By: Margaret Brown, Chair Orange County Board of Commissioners [COUNTY SEAL] ATTEST: Donna Baker Clerk to the Orange County Board of Commissioners day of 2002. Orange Person Chatham Mental Health Developmental Disabilities and Substance Abuse Authority By: 6 Thomas Maynard Area Director S This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director, Ken Chavious Attachment II 9 NORTH CAROLINA AGREEMENT BETWEEN ORANGE COUNTY AND ORANGE-CHATHAM ALTERNATIVE SENTENCING ORANGE COUNTY INC. THIS AGREEMENT made and entered into this day of , 2003 by and between Orange County, North Carolina, on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereinafter referred to as "the County", and Orange- Chatham Alternative Sentencing, Inc., hereinafter referred to as "OCAS." WITNESSETH WHEREAS, the County acting as fiscal agent for the Orange-Chatham Criminal Justice Partnership Program has received a grant from the North Carolina Department of Correction Criminal Justice Partnership Program ("NCDOCCJPP") to provide services to individuals in the criminal justice systems of Orange and Chatham Counties, including a pre-trial release program; and WHEREAS, the grant provides that these grant monies may be spent through contracting with private for-profit/private non-profit agencies to provide these services; and WHEREAS, OCAS is a non-profit agency which provides pre-trial services to individuals in the criminal justice systems of Orange and Chatham Counties; and WHEREAS, the County desires to contract with OCAS to provide pre-trial services for individuals in the criminal justice system of 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, 2002 to June 30, 2003 to continue to operate its pre-trial release program. The program activities during this period shall, except as expressly provided in this agreement, correspond with the Pre-Trial Release Program Summary and the Pre-Trial Release Operating Policies and Procedures and all other related activities described in the 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. 10 1. OCAS is responsible for the daily screening and identification of eligible candidates from the jail confinement lists in Orange and Chatham County jails. 2. OCAS interviews CJPP eligible offenders to determine the likelihood that the inmate will return to court for all court dates by examining past available criminal records, verifying stability of home/employment and looking at other factors related to community safety. 3. OCAS will secure the appropriate Release Agreement or Bond Reduction documents for each offender and obtain the signature of the judicial official. 4. OCAS 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 release program, to include necessary documentation and data collection, and to provide the results of this monitoring and evaluation to County upon request of County. B. The County agrees to reimburse OCAS for the services provided pursuant to this agreement up to the amount of $60,718 for the period beginning July 1, 2002 and ending June 30, 2003. The budget for the contract period is as follows: Services Money Personnel $40,980 Operating Expenses $11,688 Travel $950 Contractual and Other $7,100 Total $60,718 OCAS agrees to provide the County with its reimbursement requests by the 10th 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, 2003. 2 I . OCAS agrees that monies to be paid by the County are contingent upon receipt by the County of a Criminal Justice Partnership Program (CJPP) grant for these services from the North Carolina Department of Correction Criminal Justice Partnership Program and the obligation of the County under this agreement is reduced, dollar for dollar, by the amount of any reduction in the State grant. 2. OCAS agrees to the following conditions regarding the budget: a. Equipment not included in the approved budget may not be purchased without prior written approval of the County. b. Requests for amendments to the budget must be requested in writing to the County. If the County approves the amendment, it will notify OCAS in writing of the approval. C. Written approval by the County is also required for any change in the scope of the pre-trial services. These changes include but are not limited to modifications in staffing program components, contractual agreements or memoranda of understanding. d. Prior to implementation of this agreement, OCAS shall submit to County an estimate of the administrative costs associated with this agreement and estimates for the services that will be provided. If, during the course of this agreement, OCAS determines that the agreed-upon costs need to be adjusted, OCAS shall provide County with a written explanation of the circumstances surrounding the need for an amendment. Under no circumstances will the County be required to pay higher rates than those previously agreed upon without its prior approval. Further, the overall approval rests with the granting authority of the 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 3 Q requirements of the Single Audit Act of 1984 and be made available for inspection by the County staff. The County, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records that pertain to this project. If as a result of inspection of the audit, any project expenditure is disallowed, the County may, at its sole discretion, reduce the amount of any expenditure under this agreement by the amount disallowed or demand repayment. Notwithstanding any other provision of this agreement, all client records, papers, and other documents kept by OCAS that are obtained or created pursuant to this agreement shall be confidential and shall only be disclosed as is provided for by law or as necessary for the full implementation of this agreement. D. OCAS agrees that the County will retain ultimate control and responsibility for the services performed under this agreement. OCAS further agrees to be bound by and to in all respects comply with the conditions set forth in the grant contract between North Carolina Department of Correction Criminal Justice Partnership Program and the County as though it were the grantee under that contract. A copy of the grant contract is Exhibit A hereto. E. OCAS will procure and maintain adequate insurance policies covering professional liability, comprehensive general liability and worker's compensation in amounts required by State law (and not less than one million dollars per claim and one million dollars aggregate for professional and comprehensive general liability insurance) as necessary to insure that OCAS and any and all individuals working with OCAS against any claim or claims for damages arising out of personal injuries or death occasioned by OCAS, its principals, agents and/or employees. OCAS will investigate any formal written complaints brought to its attention by participants. OCAS will notify the County, in writing, of any such complaint and the County will in turn notify the Orange-Chatham Criminal Justice Partnership Advisory Board. OCAS shall notify the County of any cancellation or material change in insurance coverage which takes effect during the performance of this agreement. If OCAS changes insurance providers during the performance period of this agreement, OCAS shall provide evidence that the County will be indemnified to the limits specified here for the entire performance period of this agreement, either under the new policy or a combination of old and new policies. OCAS is responsible for its acts and the errors and omissions of its principals, agents, officers, directors, employees, licensees, and invitees or other third parties 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 4 13 of OCAS, its principals, agents, officers, directors, employees, licensees, and invitees or other third parties that enter OCAS premises which occurs in connection with this agreement. F. This agreement may be terminated by either party: I. upon at least thirty (30) days notice by certified mail, with return receipt requested or by written notice delivered in person to, as to the County, Sharron Hinton, Orange County, P.O. Box 8181, Hillsborough, North Carolina 27278, and as to OCAS, Joyce Kuhn, Executive Director, 116 S. Churton Street, Hillsborough, North Carolina 27278; 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 termination); 3. by mutual consent of both parties, in writing. In the event of termination in part, the parties shall continue the performance of this agreement to the extent not terminated. After receipt of a notice of termination and except as otherwise directed by the County, OCAS shall cease work under this agreement on the date, and to the extent specified in the notice of termination. The County shall pay OCAS the agreed upon amount for the delivery of services under the terms of this agreement up to the effective date of termination. Payment shall not be made for property or supplies purchased after the notice of termination is received. G. This agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership or joint venture between OCAS and the County, but rather is an agreement between independent contractors. OCAS is not an employee or agent of the County for any purpose including but not limited to compensation for services, employee 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. 1. OCAS agrees to submit program activity information on a monthly basis to the Partnership and the Division of Community Correction. 5 Iq J. OCAS and the County agree that each party will comply with all applicable State and federal laws, including but not limited to such non- discrimination laws as may be applicable to them in the performance of 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 term of this contract. 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 of his/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 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 parties. 0. 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 , 2003. By: ATTEST: Donna Baker, Clerk to the ORANGE COUNTY Margaret Brown, Chair Orange County Board of Commissioners 6 15 Board of Commissioners OCAS By: ATTEST: 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 7