Loading...
HomeMy WebLinkAboutAgenda - 09-29-1999 - 8m ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 8-py~ ACTION AGENDA ITEM ABSTRACT Meeting Date: September 21, 1999 SUBJECT: Orange-Chatham Alternative Sentencing: CJPP Contract DEPARTMENT: Manager's Office ATTACHMENT(S): Contract: Orange-Chatham Alternative Sentencing PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/N) INFORMATION CONTACT: Sharon Siler TELEPHONE NUMBERS: - -ext. 2300 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 __ Mebane 227-2031 PURPOSE: To contract with Orange-Chatham Alternative Sentencing for the continued implementation of the Criminal Justice Partnership Programs for both counties. BACKGROUND: At the August 17, 1999 meeting, the Board accepted the grant awazd from the NC Department of Correction for funds totaling $181,941.00. The purpose of this awazd is to maintain operations of the two programs developed by the Orange-Chatham Justice Partnership Boazd. These programs include: (a) the Pre-Trial Release Program, which addresses jail overcrowding by moving inmate-related data expeditiously through the criminal justice system; and (b) a Sanctions Center, which serves as a special condition of probation. This center provides offenders with individual treatment plans designed to enhance their success with probation. Both programs have been operated through contractual agreements with Orange-Chatham Alternative Sentencing. FINANCIAL IMPACT: The programs operate solely on grant funds - no county dollazs are expended. RECOMMENDATON(S): The Manager recommends that the Board approve the contract in substantially the form of the contract attached and authorize the chair to sign. NORTH CAROLINA ORANGE COUNTY AGREEMENT BETWEEN ORA.'~1GE COUNTY AND ORANGE-CHATHAM ALTERNATIVE SENTENCING THIS AGREEMENT made and entered into this the 1" day of July, 1999 by and between Orange County, North Carolina on behalf of the Orange-Chatham Criminal Justice Partnership Program, hereafter "the County," and the Orange-Chatham Alternative Sentencin_, Inc., hereafter "OCAS": WITNESSE~'H WHEREAS, the County, acting as fiscal went for the Orange-Chatham Criminal Justice Partnership Program, has received a grant from the North Carolina Department of Correction Criminal Justice Partnership Program to provide services to individuals in the criminal justice systems of Orange and Chatham Counties to include: (1) a pre-trial release program and (2) a day reporting center pt•ogram, known as the "OCAS Skills Sanctions Center;" and WHEREAS, the grant provides that these grant monies may be spent throu;h contracting with private for-profitl pt•ivate non-profit agencies to provide these services; and WHEREAS, the County desires to contract with OCAS, anon-profit agency, to operate the pre-trial release progt•am and the Sanctions Center; and WHEREAS, OCAS desires to operate these services for the County. NOW THEREFORE in consideration of the premises and of the following mutual 2 promises, covenants and conditions, the County and OCAS agree as follows: I. Pre-Trial Services A. OCAS agrees for the period July 1, 1999 to June 30, ?000 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 1999-?000 CJPP Community Corrections Application for Continuation of Implementation Funds, which Application is hereby incorporated into this agreement by reference. 1. Whenever an OCAS staff member secures the paycheck of a pre-trial defendant in order far the defendant to post bond, the OCAS staff member shall obtain written permission from the pre-trial defendant to do so. 2. The pre-trial release services shall include generally "checking courthouse records," rather than "checking the courthouse records to ascertain whether a court case was disposed of and discovering that a warrant was mistakenly listed as outstanding which resulted in an inmate being mistakenly jailed." 3. The Victim Offender Mediation service described in the pre-trial release program summary shall only be made available to intermediate offenders, not to the pre-trial population. B. OCAS agrees to continue monitoring and evaluating the Pre-Trial release program, to include necessary documentation and data collection per the February 17, 1998 pre-trial release program agreement between County and OCAS and to provide the results of this monitoring and evaluation to County upon request of County. II. First Step Sanctions Center A. OCAS agrees, for the period July 1, 1999 to June 30, 2000, to continue to establish and to operate the Skills and Sanctions Center, to be known as and hereafter referred to as the "First Step Sanctions Center." The activities and requirements of OCAS 3 2 4 in establishing and operating the First Step Sanctions Center during this period shall include those described in detail in the CJPP Community Corrections 1999-2000 Application for Continuation of Implementation Funds, which Application is hereby incorporated by reference into this agreement. B. OCAS will establish the minimum number of hours offenders are required to be "on-site" per day or per week, engaged in structured activities or services at First Step Sanctions Center. In establishing these minimum hours, OCAS shall differentiate between employed and unemployed offenders. OCAS shall provide these hour requirements to CJPP. C. OCAS shall also provide CJPP information concerning the number of offenders that First Step Sanctions Center can serve "on site" at any given time. D. OCAS shall develop a substance abuse treatment protocol that will be provided to offenders "on site." This protocol will include: 1. The number of hours per session an offender will participate in substance abuse treatment; 2. The number of sessions per week an offender will attend; 3. The number of weeks an offender will participate in a substance abuse treatment program; 4. The number of offenders in a treatment group, and 5. The number of hours in the substance abuse. treatment program devoted to individual counseling. 3 I i E. OCAS agrees to continue monitoring and evaluatu~, the First Step Sanctions Center program and to provide the results of the monitoring and evaluation to the County upon the request of County. III. Budbet and Other Abreements A. The County agrees to reimburse OCAS tier the services performed pursuant to this contract as billed up to the amount of $181,941.00 far services through June 30, 2000. The budget far the contract period is as follows: Services Personnel M nev $ 95,321.00 Fringe Benefits $ 20,934.00 Operating Expenses $ 16,800.00 Contractual and Other S 8.886.00 Total $ 181,941.00 OCAS agrees to provide the County with its reimbursement requests by the second day of each month for the previous month's expenditures. 1. OCAS agrees that monies to be paid by the County pursuant to this agreement are contingent upon receipt by the County of grant funds from the North Carolina Department of Correction Criminal Justice Partnership Program and if grant funds are not received, County will have no liability i•or payment under this agreement. 2. OCAS agrees to the fallowing conditions regarding the budget: a. equipment not included in the approved budget may not be purchased without prior written approval of the County. 4 5 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 writin; of the approval. r. Written approval by the County is also requ'u•ed for any change in the scope of either the pre-trial services or Fu•st Step Sanctions Center programs. These changes include but are not limited to modifications in staffing program components, contractual agreements or memoranda of understanding. 3. No money from this budget may be used for cognitive behavioral training. B. OCAS agrees to maintain accurate records regarding the services provided pursuant to this agreement. OCAS agrees to allow the County to inspect these records at any reasonable time. OCAS agrees to assist the County by providing any information required pursuant to an audit conducted by the North Carolina Departme~lt of Correction Criminal Justice Partnership Program pursuant to the grant award contract between the County and the North Carolina Department of Correction Criminal Justice Partnership Program. C. OCAS shall work with the Judicial Division Coordinator regarding the services provided pursuant to 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 the conditions set forth in the grant award contract for the grant period of 6 July 1, 1999 to June 30, 2000 between the North Carolina Department of Correction Criminal Justice Partnership Program and the County which grant award contract is hereby incorporated into this agreement by reference. E. Each party agrees to be responsible fir its own liabilities and that of its officers, employees, agents or representatives arising out of this agreement. F. Any equipment purchased by County to he used by OCAS in fulfilling its obligations under this agreement will remain the property of the County and will revert back to the control of the•County at termination of this agreement. G. No individual, public official, or employee of a state or unit of local government may participate in an administrative decision of OCAS if such a decision can be expected to result in any benefit or remuneration, such as a royalty, commission, contract, contingent fee, brokerage fee, dividend, or other benefits or income to him/her or any member of his/her family. H. This agreement may be terminated by either party with or without cause by giving thirty (30) days prior written notice. The thu•ty (30) day termination period shall commence on the date of receipt of the notice by the affected party. I. This agreement shall run until June 30, 2000. It is not renewable and OCAS acknowledges it has no expectation of continued funding of these services beyond June 30, 2000. Any further funding by the County for Pre-Trial Release Services or for the operation of First Step Sanctions Center shall be the subject of a new agreement. J. OCAS and the County agree that each party will comply with such non- discrimination laws as may be applicable to them in the performance of this agreement. 6 8 ~, K. This agreement contains the entire understanding of the parties and shall not he altered, amended or modified exrcpt by sn agreement in writing executed by the duly authorized officials of both parties. L. The laws of North Carolina shall Govern the validity and interpretation of the provisions, terms and conditions of this aRree-nent. 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 , 1999. B y: ATTEST: Beverly A. Blythe, Clerk to the Board of Commissioners [SEAL] ORANGE-CHATHAM ALTERNATIVE SENTENCING, INC. B y: ATTEST: [SEAL] m ydocumen is/CJPP#2-con tract.dcx ORANGE COUNTY Alice M. Gordon, Chair Orange County Board of Commissioners 7