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HomeMy WebLinkAboutAgenda - 05-19-2009 - 4kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2009 Action Agenda Item No. 4 - K SUBJECT: Approval of Continuation of Contract with OPC DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Contract with Limited Attachments Nancy Coston, 245-2800 (See Item 4-i for Other Standard Attachments) PURPOSE: To consider continuation of a contract with Orange-Person-Chatham Local Management Entity (LME) for apart-time liaison to assist clients of Social Services to access needed mental health services. BACKGROUND: During the community discussion that occurred after the closure of Sheaffer House, it was recommended that a liaison on site at Social Services could expedite the access for needed services. This was particularly crucial with the privatization of many mental health services. The Board of Commissioners approved this contract during November 2005, utilizing some of the funds previously provided to Sheaffer House. The liaison is now in place and has been serving Social Services for three years. This position has been able to help families to receive services more quickly. In the first half of FY 2008-2009 the liaison provided consultation on 64 cases, assisted in 15 child placements, and enabled 11 children to access mental health rapid response beds when a foster home placement was not suitable. This contract has been approved by the Social Services Board and will continue to provide one part-time person to assist Social Services. FINANCIAL IMPACT: The contract is expected to cost $28,299 during FY 2009-2010. This is a renewal and there is a 10% reduction from last year in the contract amount due to budget cuts. RECOMMENDATION(S): The Manager recommends the Board approve the contract renewal between Social Services and OPC and authorize the Chair to sign the contract contingent upon approval of the Orange County FY 2009-10 budget. Contract #68-2002 OPC Liaison O Contract # 68-2002 Fiscal Year Begins July 1.2009 Ends June 30.2010 This contract is hereby entered into by and between the Orange County Department of Social Services (the "County") and Orange Person Chatham LME (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal tax identification number or Social Security Number is . 1. Contract Documents: This Contract consists of the following documents: (1) This contract (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (4) Federal Certification Regarding Drug-Free Workplace (Attachment C) (5) Conflict of Interest (Attachment D) (6) Federal Certification Regarding Lobbying (Attachment G) (7) Federal Certification Regarding Debarment (Attachment H) (8) Outcomes and Reporting (Attachment N) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. 2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This contract shall be effective on July 1, 2009 and shall terminate on June 30, 2010. This contract must be twelve months or less. 4. Contractor's Duties: The Contractor shall provide the services and in accordance with the approved rate as described in Attachment B, Scope of Work, and shall meet the requirements set forth in Attachment N, Outcomes and Reporting. 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid by the County to the Contractor under this contract shall not exceed $28,299. This amount consists of $Oin Federal funds (CFDA # ), $0 in State Funds, $28,299 in County funds, $0 (source of other funds if applicable). [ X ] a. There are no matching requirements from the Contractor. [ ] b. The Contractor's matching requirement is $ ,which shall consist of [ ) In-kind [ ]Cash [ ]Cash and In-kind [ ]Cash and/or In-kind The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceed $28,299. Contract-General (06/04) Page 1 of 3 6. Reporting Requirements: Contract #68-2002 OPC Liaison 0 Contractor shall comply with audit requirements as described in N.C.G.S. § 143-6.2 and OMB Circular A-133. 7. Payment Provisions: Payment shall be made in accordance with the Contract Documents as described in the Scope of Work, Attachment B. 8. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the County: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Denise Shaffer, Services Director Denise Shaffer, Services Director Orange County Orange County PO Box 8181 2501 Homestead Road Hillsborough, NC 27278 Chapel Hill, NC 27516 (919) 968-2000 Ext. 246 (919) 968-2012 dshaffer co.oran e.nc.us For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Judy Truitt, Director Judy Truitt, Director OPC Mental Health OPC Mental Health 100 Europa Drive, Suite 490 100 Europa Drive, Suite 490 Chapel Hill, NC 27517 Chapel Hill, NC 27517 (919) 913-4000 Truitt o c-mhc.or Contract-General (06/04) Page 2 of 3 9. Signature Warranty: Contract #68-2002 OPC Liaison O The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. The Contractor and the County have executed this contract in duplicate originals, with one original being retained by-each party. ORANGE PERSON CHATHAM LME Signature Date Printed Name ORANGE COUNTY Title Signature Date Printed Name Title Signature Date Printed Name Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Signature of County Finance Officer Date Contract-General (06/04) Page 3 of 3 Contract #68-2002 OPC Liaison ATTACHMENT B SCOPE OF WORK Orange County Department of Social Services Federal Taz Id. or SSN Contract # 68-2002 A. CONTRACTOR INFORMATION 1. Contractor Agency Name: Orange Person Chatham LME 2. If different from Contract Administrator Information in General Contract: Address Katherine Hudson 100 Europa Drive Suite 490, Chapel Hill, NC 27517 Telephone Number:~9191913-4133 Fax Number: Email: 3. Name of Program (s): Mental Health Liaison 4. Status: (X) Public ( )Private, Not for Profit ( )Private, For Profit 5. Contractor's Financial Reporting Year July 1, 2009 through June 30, 2010 B. Explanation of Services to be provided and to whom (include SIS Service Code): _ The Contractor wil~rovide 5 FTE qualified staff person to provide access to mental health services to children and their families who are clients of the County, and assure that children and their families served by the Department have access to all needed services including_,early identification and time-critical intervention. The Contractor is required to meet all goals and outcomes listed in Attachment N. C. Rate per unit of Service (define the unit): 1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) 2. Negotiated County Rate. $28 299 D. Number of units to be provided: 1 half-time staff~erson including benefits, training and travel costs. E. Details of Billing process and Time Frames; The County will reimburse the Contractor for services described in this contract up to the budge, tary limits of the contract allotment, which includes salary benefits travel other miscellaneous expenses indirect costs and staff development services For reimbursement the Contractor must submit an original and two copies of an invoice by the fifth of the month for the preceding month's Contract-Scope of Work (Ob/04) Page lof 2 Contract #68-2002 OPC Liaison expenditures to the designated County Administrator. The County will reimburse the Contractor monthly upon receipt of a complete and correctly filed report. In the event that the Contractor receives funding for this position from the North Carolina Division of Mental Health, the contract amount will be refunded to the County. F. Area to be servedJDelivery site(s): Orange County (Signature of County Authorized Person) (Date Submitted) (Signature of Contractor) (Date Submitted) Contract-Scope of Work (06/04) Page 2of 2 3'- /~-®s yI~ Contract #68-2002 OPC Liaison Contract # 68-2002 Fiscal Year Begins July 1, 2009 Ends June 30, 2010 This contract is hereby entered into by and between the Orange County Department of Social Services (the "County") and Orange Person Chatham LME (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal tax identification number or Social Security Number is 1. Contract Documents: This Contract consists of the following documents: (1) This contract (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (4) Federal Certification Regarding Drug-Free Workplace (Attachment C) (5) Conflict of Interest (Attachment D) (6) Federal Certification Regarding Lobbying (Attachment G) (7) Federal Certification Regarding Debarment (Attachment H) (8) Outcomes and Reporting (Attachment N) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. 2. Precedence Among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. Ifthere are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This contract shall be effective on July 1, 2009 and shall terminate on June 30, 2010. This contract must be twelve months or less. 4. Contractor's Duties: The Contractor shall provide the services and in accordance with the approved rate as described in Attachment B, Scope of Work, and shall meet the requirements set forth in Attachment N, Outcomes and Reporting. 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid by the County to the Contractor under this contract shall not exceed $28,299. This amount consists of $Oin Federal funds (CFDA # ), $0 in State Funds, $28,299 in County funds, $0 (source of other funds if applicable). [ X ] a. There are no matching requirements from the Contractor. [ ] b. The Contractor's matching requirement is $ ,which shall consist of: [ ] In-kind [ ]Cash [ ]Cash and In-kind [ ]Cash and/or In-kind The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceed $28,299. Contract-General (06/04) Page 1 of 3 Contract #68-2002 OPC Liaison 9. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. The Contractor and the County have executed this contract in duplicate originals, with one original being retained by each party. ORANGE PERSON CHATHAM LME ~ ~~r~ ~ ~ ~ lv. ~- vim! Signature Date Judy R. Truitt OPC Aroa DlroCtor Printed Name This Instrument has been pre-audited in the manner required by the Local Government Budget ~d Fiscal Control Act. ORANGE COUNTY Financ r Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _ Signature of Contract-General (06/04) Page 3 of 3 Signature ~ ~ Date Contract #68-2002 OPC Liaison Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) (c) Automobile -Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles used in performance of the contract. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of this contract. The Contractor may meet its requirements of maintaining specified coverage and limits by demonstrating to the County that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the County. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the contractor's liability and obligations under the contract. contract in a timely and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all fmished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this contract. Waiver of Default: Waiver by the County of any default or breach incompliance with the terms of this contract by the Provider shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the County and the Contractor and attached to the contract. Default and Termination Termination Without Cause: The County may terminate this contract without cause by giving 30 days written notice to the Contractor. In that event, all finished or unfmished deliverable items prepared by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the County. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. General Terms and Conditions - (06/04) Page 2 of 5 Contract #68-2002 OPC Liaison to this contract ("product" includes, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition function, calculation, or sequencing will support a four digit year format and will provide accurate date/time data and leap year calculations. This warranty shall survive the termination or expiration of this contract. Certification Regarding Collection of Taxes: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of G.S. 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media- assisted, media-facilitated, ormedia-solicited means. The Contractor certifies that it and all of its affiliates (if any) collect all required taxes. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term "key personnel" includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Miscellaneous Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Orange County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Orange County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the County and the Contractor. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all General Terms and Conditions - (06/04) Page 4 of 5 Contract #68-2002 OPC Liaison ATTACHMENT B SCOPE OF WORK Orange County Department of Social Services Federal Tax Id. or SSN Contract # 68-2002 A. CONTRACTOR INFORMATION 1. Contractor Agency Name: Orange Person Chatham LME 2. If different from Contract Administrator Information in General Contract: Address Katherine Hudson 100 Europa Drive, Suite 490 Chanel Hill NC 27517 Telephone Number: 919-913-4140 _ Fax Number: Email: 3. Name of Program (s): Mental Health Liaison 4. Status: (X) Public ( )Private, Not for Profit ( )Private, For Profit 5. Contractor's Financial Reporting Year July 1, 2009 through June 30, 2010 B. Explanation of Services to be provided and to whom (include SIS Service Code): The Contractor will provide .5 FTE qualified staff person to provide access to mental health services to children and their families who are clients of the County, and assure that children and their families served by the Department have access to all needed services including early identification and time-critical intervention The Contractor is required to meet all goals and outcomes listed in Attachment N C. Rate per unit of Service (define the unit): 1. If Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) 2. Negotiated County Rate. 28 299 D. Number of units to be provided: 1 half-time staff person, including benefits, trainine and travel costs. E. Details of Billing process and Time Frames; The County will reimburse the Contractor for services described in this contract up to the_budgetarv limits of the contract allotment. which includes salary, benefits, travel other miscellaneous expenses indirect costs and staff development services. For reimbursement the Contractor must submit an original and two copies of an invoice by the fifth of the month for the preceding month's Contract-Scope of Work (06/04) Page lof 2 Contract #68-2002 OPC Liaison ATTACHMENT C CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Orange County Department of Social Services I. By execution of this Agreement the Contractor certifies that it will provide adrug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing adrug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Contractor's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of the statement required by paragraph (A); D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; E. Notifying the County within ten days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). Federal Certification -Drug-Free Workplace (06/04) Page 1 of 2 Contract #68-2002 OPC Liaison ATTACHMENT D CONFLICT OF INTEREST POLICY Orange County Department of Social Services Conflict of Interest Defined: A conflict of interest is defined as an actual or perceived interest by a (Contractor/staff memberBoard member) in an action that results in, or has the appearance of resulting in, personal, organizational, or professional gain. A conflict of interest occurs when an employee/ContractorBoard member has a direct or fiduciary interest in another relationship. A conflict of interest could include: - Ownership with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Employment of or by a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Contractual relationship with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Creditor or debtor to a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. - Consultative or consumer relationship with a member of the Board of Directors/Trustees or an employee where one or the other has supervisory authority over the other or with a client who receives services. The definition of conflict of interest includes any bias or the appearance of bias in a decision-making process that would reflect a dual role played by a member of the organization or group. An example, for instance, might involve a person who is an employee and a Board member, or a person who is an employee and who hires family members as consultants. Employee/Contractor/Board Member Responsibilities: It is in the interest of the organization, individual staff, and Board members to strengthen trust and confidence in each other, to expedite resolution of problems, to mitigate the effect and to minimize organizational and individual stress that can be caused by a conflict of interest. Employees are to avoid any conflict of interest, even the appearance of a conflict of interest. This organization serves the community as a whole rather than only serving a special interest group. The appearance of a conflict of interest can cause embarrassment to the organization and jeopardize the credibility of the organization. Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to your supervisor immediately. Employees are to maintain independence and objectivity with clients, the community, and organization. Employees are called to Conflict of Interest Policy (06/04) Page 1 of 3 `~~~~11111 i I I!////~~~'' ``~~~~P~\NE F. ,9~ ~i ~ l~OTARY ~'9 °~ ~~'~ _ .. Notary Public Cp -//In My Commission expires ~~ r ~v~ ,20%~! Attached is the Conflict of Interest Policy for: OPC i Sign o Co ation Official f ~.. v Gi-,~ t~.~~r~,~-~,~- OPC Aroe Dlr Contract #68-2002 OPC Liaison Conflict of Interest Policy (06/04) Page 3 of 3 Contract #68-2002 OPC Liaison ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS Orange County Department of Social Services Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to which the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Defmitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency of which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Federal Certification -Debarment (06/04) Page 1 of 2 Contract #68-2002 OPC Liaison ATTACHMENT N OUTCOMES AND REPORTING Orange County Department of Social Services By signing and submitting this document, the Contractor certifies that it agrees to the following: 1. The Contractor agrees to participate in program, fiscal and administrative monitoring and/or audits, making records and staff time available to Federal, State and County staff. 2. The Contractor agrees to take necessary steps for corrective action, as negotiated within a corrective action plan, for any items found to be out of compliance with Federal, State, and County laws, regulations, standards and/or terms of the Contract. 3. The Contractor agrees that continuation of and/or renewal of this Contract is contingent on meeting the following requirements. The Contractor agrees to: A. Provide .5 FTE qualified staff person to provide access to mental health services to children and their families who are clients of the Department; and B. Assure that children and their families served by the Department have access to all needed services including early identification and time-critical intervention; and C. Attend staffmg and other meetings at the Department to assure that Department staff, the children and their families have information about mental health services, including eligibility and access; and D. Assure availability to Department staff for consultation regarding mental health needs and services, including consultation on crisis intervention E. Submit programmatic reports as requested by the Department and assist the Department in meeting all reporting requirements to State and other agencies; and F. Maintain fiscal books, records, documents and other evidence that reflect all direct and indirect costs expended under this contract; and G. Maintain client records, in accordance with established policy, that include dates, the service delivered to the individual, a valid authorization for service, program records, and documents and other evidence that reflect program operations; and H. Furnish, as requested, information to the Department, to the fullest extent permitted by applicable privacy and security laws and regulations, to support the performance of activities pursuant to this contract and the full cost of activities; and submit changes, as needed or required, in the contract or any materials included in this contract or approved supporting information for review and approval by the Department. J ~ ~ ~ ~~--.`~~-b~- Are ~.._ ~ - ~~,---c~r ~C Signature Title Agency/Organization Date (Certification signature should be same as Contract signature.) Outcomes (06/04) Page 1 of 2 ` -f OPC Area Program Policy and Procedure Subject: Conflict of interest -staff Area Board Approval: May 2000, Oct 2008 Policy Manual: Administrative Revision Date: Aug 2008 Policy: OPC employees shall avoid any conflict between their personal, professional or business interests and the interests of the agency, in any and all actions taken by them on behalf of the agency. Purpose: To eliminate or minimize situations in which the interest of OPC would be in conflict with an employee's own financial or personal interest. Procedures: Referrals of consumers to employees' private practices: OPC prohibits the solicitation and referral of consumers to employees' private practices by the LME. See Dual Employment Policy in Human Resources Manual. Business contracts from which employees may benefit personally: OPC employees may not enter into contracts or business transactions on behalf of OPC from which they may benefit personally. No employee shall participate in the selection, award, or administration of a purchase or contract with a vendor where, to his/her knowledge, any of the following has a financial interest in that purchase or contract: • OPC staff or Board member • Any member of the employee's immediate family* • An organization in which an immediate family member* is an officer, director, or employee • A person or organization with whom an immediate family member* is negotiating or has any arrangement concerning prospective employment Employees will not attempt to influence other employees to enter or refuse to enter into any contract or undertake any financial transaction on behalf of the agency from which the first employee has a financial interest as described above. Disclosure ~ M . j Any possible conflict of interest shall be disclosed by the person or persons concerned to his/her immediate supervisor, who will then process the information through the appropriate management channels. Violation Violation of this policy shall be considered unacceptable personal conduct as provided in the Disciplinary Action, Suspension and Dismissal Policy. Such a violation may be grounds for disciplinary action, up to and including dismissal. *Immediate family as defined by the State Personnel Manual includes spouses, parents, siblings, children, grandparents, grandchildren, and step-, half- and in-law relations of this same list. Restrictions may also include others living within the employee's household or otherwise so closely identified with the employee as to suggest the potential for an ethical conflict. r •.;. ~, ~,~ '' OPC Area Program Policy and Procedures Subject: Conflict of Interest & Area Board Approval: May 2000, Preferential Treatment, Board Oct 2008 Policy Manual: Administrative Revision Dates: 4/19/00, Sep 2008 Policy: Members of the OPC Area Board may not vote on matters regarding contractual or business arrangements of the OPC Area Program if that Board Member would benefit materially from such an arrangement. Further, preferential treatment will not be given to members of the OPC Area Board, voluntary boards, personnel or consultants in application for and receipt of OPC Area Program operated or contracted services. Purpose: To eliminate or minimize situations in which the interest of the agency conflicts with the financial or personal interests of members of the OPC Area Board and other voluntary boards. Procedures: Members of the OPC Area Board are required to disclose, through a Statement of Conflict of Interest, for purposes of public record, all potential financial or personal interests in any contractual or business arrangement of the OPC Area Program coming before the OPC Area Board for consideration and vote. 2. Such disclosure shall also be a public statement by the OPC Area Board member that he or she is abstaining from the vote on the applicable contractual or business arrangement due to a potential conflict of interest, and the disclosure will be incorporated into the minutes of the meeting for purposes of public interest. 3. In the event the OPC Area Program contracts with the organization by which the Board Member is employed, the Board Member is not considered to be in conflict with the interests of the Agency if he or she is not in a position to influence by any means the selection of the potential contractee or the terms of the contract. 4. For appointments made on or after October 1, 2007, no individual that contracts with the Orange Person Chatham Mental Health Developmental Disabilities and Substance Abuse Authority Area Board for the delivery of mental health, developmental disabilities and/or substance abuse services ... ~, ~ may serve on the Area Board for the period during which the contract for services is in effect.