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HomeMy WebLinkAbout2009-061 Health - UNC School of Dentistry for its Department of Dental EcologySLATE OF NORTH CAROLINA COUNTY OF ORANGE FISCAL YEAR 2009-2010 AGREEMENT BETWEEN THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL SCHOOL OF DENTISTRY For its DEPARTMENT OF DENTAL ECOLOGY and ORANGE COUNTY HEALTH DEPARTMENT DENTAL HEALTH SERVICES DIVISION ~- ~8~ ~d 9 yJ THIS AGREEMENT, made and entered into this the 1St day of July, 2009, by and between The University of North Carolina at Chapel Hill, School of Dentistry, hereinafter referred to as "The School of Dentistry", for its Department of Dental Ecology; and The Orange County Health Department hereinafter referred to as "The Health Department" for its Dental Health Services Division. WITNESSETH WHEREAS, The Health Department desires the services of one resident at the postgraduate year one- level in the Dental Health Services Division to provide ambulatory dental health services for the academic year 2009-2010; and WHEREAS, The Health Department agrees to reimburse The School of Dentistry for the salary plus fringe for one Full Time Equivalent (FTE) resident position at the postgraduate year one or two level; and WHEREAS, The School of Dentistry agrees to provide the services of one general practice resident (GPR) on rotation to The Health Department to fill the FTE position; and NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, The School of Dentistry, and The Health Department agree as follows: 1. The School of Dentistry will provide the following: a. The services of one or more postgraduate year one residents to The Health Department on rotation for the purpose of rendering comprehensive dental services for 4 1/2 days per week for the fiscal year beginning July 1St and ending June 30tH b. An invoice to The Health Department at the close of each quarter for the salary and fringe benefits of one postgraduate year one resident. c. An adjunct faculty appointment for the supervising dentist(s) at the Orange County Health Department upon presentation and evaluation by the School of appropriate credentials of the dentist(s). Agreement for Graduate Resident Services UNC School of Dentistry Orange County Health Department Fiscal Year 2009-2010 Page 2 of 5 d. Professional liability insurance coverage for the GPR to be provided by the School of Dentistry with coverage of at least $1 million, per occurrence, $3 million aggregate while the GPR is on rotation at the Orange County Health Department. Proof of that insurance shall be submitted annually to The Health Department. e. Training for its GPR's on the OSHA Bloodborne Pathogens Standard. That its GPR comply with the health requirements established by North Carolina. state regulations and the School of Dentistry. g. Maintenance of proper records of the GPR's rotating through the Health Department, and instruction to the GPR's on Hepatitis B vaccinations, the GPR's responsibility for post-exposure follow-up and any incurred costs, the GPR's responsibility for the provision of protective equipment, and proper post-exposure record-keeping. h. That the GPR's meet all current immunization requirements for health care settings, including proof of a positive Varicella titer or vaccination and proof of a positive MMR titer or required vaccinations. Workers Compensation Coverage for the GPR's. The Health Department will not be responsible for damages arising from personal injury to the GPR of the School of Dentistry while the GPR is present at the Health Department, unless the personal injury was caused by the negligence of the Health Department, its employees, or agents. Nothing in this Agreement is intended to serve as a waiver of sovereign or governmental immunity by Orange County. 2. The Health Department will provide the following: a. Reimbursement to the School of Dentistry at the close of each quarter for'/4 of the total salary and fringe benefits in the amount of $12,897.25; total annual amount not to exceed $51,589. b. The Health Department will provide the School of Dentistry fourteen (14) cumulative days during the fiscal year at which time the GPR's will not be present at The Health Department, during this time the GPR's can schedule either vacation (10 days) and/or professional (4 days) leave. 1) Vacation .Leave. All GPR's in the rotation may take cumulatively no more than 10 days of vacation leave during the fiscal year, additional vacation leave will not be provided. The GPR must scheduled vacation leave with the Health Department at least two months in advance. The Dental Health Division Director must approve all scheduled vacation leave and will submit a quarterly report to the Director of the General Practice Residency Program. Agreement for Graduate Resident Services UNC School of Dentistry Orange County Health Department fiscal Year 2009-2010 Page 3 of 5 2) Professional Leave Days for Career Planning. All GPR's in .the rotation may take cumulatively no more than 4 days of Professional leave for career planning during the fiscal year, ,additional professional leave will not be provided. The GPR must scheduled professional leave with the Health Department at soon as possible. The Dental Health Division Director must approve all scheduled professional leave and will submit a quarterly report to the Director of the General Practice Residency Program. c. The Health Department will provide on-site supervision for the GPR through an adjunct faculty dentist while comprehensive dental services are being rendered by the GPR. The adjunct faculty member will participate in the evaluation of each of the GPR's performance at the Health Department rotation site. d. The Health Department must provide HIV, HBV and HCV testing for the source patient in the event of a blood borne pathogen exposure. In the event the GPR is exposed to blood or bodily fluids, the Health Department will be responsible for providing an initial response, according to the Orange County Health Department Bloodborne Pathogens Standard. The GPR will be required to return to University of North Carolina Student Health Services for post-incident testing and counseling if feasible. In the event the GPR is unable to do so in a timely manner, the Health Department will provide access to testing and counseling for the GPR. The GPR will be responsible for the payment of services. 3. Independent Contractor. The services rendered by the School of Dentistry and the GPR pursuant to this Agreement are those of an independent contractor with respect to The Health Department and Orange County Government. For all purposes, the GPR is an employee of The University of North Carolina School of Dentistry and not an employee of The Orange County Health Department or Orange County Government Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee, between The School of Dentistry or the GPR and The Health Department or Orange County Government. 4. -This Agreement shall run for a period of one year, from the 1st day of July, 2009 to the 30th day of June, 2010, and shall be renewable in writing thereafter. 5. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 90 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 6. In oompliance with 42 U.S.C. 1395x (v)(1)(~ and implementing regulations, The School of Dentistry and-the Health Department agree, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Agreement for Graduate Resident Services UNC School of Dentistry Orange County Health Department Fiscal Year 2009-2010 Page 4 of 5 Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of The School of Dentistry and The Health Department necessary to verify the nature and extent of this contract. The School of Dentistry and The Health Department further agree that if any of the duties of this contract are carried out by a subcontractor of The School of Dentistry or The Health Department such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the-costs of such subcontract. 7. The Health Department and the School of Dentistry will comply with such state and federal non-discrimination and confidentiality laws as may be applicable in the performance of this Agreement and acknowledge that in receiving, storing, processing or otherwise dealing with any confidential information, they will safeguard and not further disclose the information except as permitted by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended. 8. 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. 9. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 10. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate Orange County Government or the Health Department to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed on the signature page affixed to this Agreement. Agreement for Graduate Resident Services UNC School of Dentistry Orange County Health Department .fiscal Year 2009-2010 Page 5 of 5 Signature Page For and on behalf of Orange County Health Department Approved as fo technical content osemary L. mmers, Health Director Date For n behalf o Orange County Government R~~ ~ ~d zo o - Valerie Foushee, hair Date Orange County Board of Commissioners Appr v d as to form and legal sufficiency to is a Anne to M. Mo re, Staff Attorney Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act r.~ Ga umpl irector Date Financial Services For and on behalf of the University of North Carolina at Chapel Hill a.,tti,, Dr. Joh i ams, Dean School of Dentistry _, n~ ~ 11 . Richard Mann, Vice Chancellor For Finance and Administration Dat ~~ Date