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HomeMy WebLinkAbout2005 S DSS - Service Contract Youth Development Corp of America dba Caring Family Network NORTH CAROLINA ORANGE COUNTY so SERVICE CONTRACT Youth Development Corp. of America dba Caring Family Network THIS CONTRACT is made and entered into this 3rd`- day of October, 2005, by and between the Department of Social Services of Orange County, a political subdivision of the State of North Carolina, (hereinafter referred to as "DEPARTMENT"), and Youth Develo,.pment Corp of America dba Carins~ Family Network, a corporate duly authorized to do business in the state of North Carolina, (hereinafter refereed to as "CONTRACTOR"). 1. SCOPE OF SERVICES CONTRACTOR hereby agrees to provide the services and/or materials under this contract pursuant to the provision and specifications identified in "Attachment I" (hereinafter collectively referred to as "Services"). Attachment I, is hereby incorporated herein and made a part hereof. 2. TERM OF CONTRACT The Tenn of this Contract for services is from 11/01/05 to 6/30/06. This Contract is subject to the availability of funds to purchase the specified services and may be terminated at any time during the Term upon thirty (30) days notice in the event such funds become unavailable. 3. PAYMENT TO CONTRACTOR CONTRACTOR shall receive from DEPARTMENT an amount not to exceed Eighty-nine Thousand Five-Hundred and Sixty-eight ($89,568.00) as full compensation for the provision of Services. DEPARTMENT agrees to pay CONTRACTOR at the rates specified for Services, performed to the satisfaction of the DEPARTMENT, in accordance with this Contract, and Attachment I. Unless otherwise specified, CONTRACTOR shall submit an itemized invoice to DEPARTMENT by the end of the month during which Services are performed. Payment will be processed promptly upon receipt and approval of the invoice by DEPARTMENT. 4. INDEPENDENT CONTRACTOR DEPARTMENT and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of DEPARTMENT for any purpose in the performance of CONTRACTOR's duties under this contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license g CONTRACTOR's activities in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes. 5. INSURANCE AND INDEMNITY To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold harmless the DEPARTMENT and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from CONTRACTOR's performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under contracts entered into by the CONTRACTOR in connection with this contract. This indemnification shall survive the termination of this Contract. The foregoing shall not be deemed a waiver of governmental immunity by the Department or by Orange County. In addition, CONTRACTOR shall comply with the North Carolina Workers' Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. Additionally, CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence/$2,000,000 aggregate-Bodily Injury Liability, and $ 100,000-Property Damage Liability, or $1,000,000 per occurrence/$2,000,000 aggregate-Combined Single Limited Bodily Injury and Property Damage CONTRACTOR, upon execution of this Contract, shall furnish to the DEPARTMENT a Certification of Insurance from an insurance company, authorized to do business in the State of North Carolina and acceptable to DEPARTMENT, verifying the existence of any insurance coverage required by DEPARTMENT. The Certificate shall provide for thirty (30) days advance written notice in the event of a decrease, termination or cancellation of coverage. 6. HEALTH AND SAFETY CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract. 7. NON-DISCRIMINATION IN EMPLOYMENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by DEPARTMENT, and CONTRACTOR may be declared ineligible for further DEPARTMENT contracts. 2 8. TER1ViINAT10N OF AGREEMENT This Contract may be terminated, without cause, by either party upon thirty (30) days written notice to the other party. This termination notice period shall beginning upon receipt of the notice of termination. Such a termination does not bar either party from pursuing a claim for damages for breach of the contract. This indemnification shall survive the termination of this Contract. The foregoing shall not be deemed a waiver of governmental irmnunity by the Department or by Orange County. This Contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to perforn in accordance with the provisions of this Contract and if the failure is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as maybe allowed by relevant law. Termination of this Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party. 9. SUCCESSORS AND ASSIGNS CONTRACTOR shall not assign its interest in this Contract without the written consent of DEPARTMENT. CONTRACTOR has no authority to enter into contracts on behalf of DEPARTMENT. 10. COMPLIANCE WITH LAWS CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with all Federal, State, or local, laws. 11. NOTICES All notices which maybe required by this contract or any rule of law shall be effective when received by certified mail sent to the following addresses: ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES ATTN: NANCY COSTON 300 TRYON STREET HIL~,SBOROUGII 27278 TELEPHONE: 245-2800 CONTRACTOR ATTN: STACY EVA CARIAS 1415 WEST NC HIGHWAY 54 #101 DURHAM, NC 27707 TELEPHONE: 402-0120 12. AUDIT RIGHTS For all Services being provided hereunder, DEPARTMENT shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of said Services. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR must make the materials to be audited available within one (1) week of the request for them. 3 13. DEPARTMENT NOT RESPONSIBLE FOR EXPENSES DEPARTMENT shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing. 14. EQUIPMENT CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in writing. 15. ENTIRE AGREEMENT This Contract and the attached document labeled "Attachment I" shall constitute the entire understanding between DEPARTMENT and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties. 16. SPECIFIED ATTACHMENTS Attachment l: Services 17. PRE-AUDIT STATEMENT AND SIGNATURES This contract has been pre-audited in the manner required by the Local Government Budget and Fiscal Control act. Signature: Orange County Finance Officer Date: !f~//l//~~/ _~_ Date: / (-) ~ ~ ) Orange County llepartment of Social Services By: ~ (SEAL) 4 Title: Director Date: ~~ ir~b~ Date: Date: ~l ° ~ / ~~ ((. ~i'(JG~!~' r Chair, Social Services Board ATTACHMENT I (CARING FAMILY NETWORK) The services to be provided under this contract are as follows: • Caring Family Network (CFN) will provide two (2) emergency respite beds (State-licensed therapeutic foster homes) for use by the Orange County Department of Social Services beginning November 1, 2005. Two additional beds will be provided effective February 2006. Staff from CFN will be on-call twenty-four hours per day, seven days per week by phone for immediate triage and placement. • There will be no-eject, no-reject policy of children needing placement for any reasons other than children who require hospitalizations or other immediate medical treatment. • The homes will be located in Orange County although exceptions maybe made with prior approval of the Orange County Department of Social Services. This exception will be considered during the development process to allow CFN time to recruit, train and license families in Orange County. • The length of placement will be no longer than 90 days unless approved by the Orange County Department of Social Services. • CFN staff, Social Services staff and other providers will sign appropriate paperwork including a crisis plan and authorization for placement at the time of placement. In addition, within 72 hours of placement, all parties will meet to develop a case plan including a discharge plan, specific roles and responsibilities of the CFN staff and provider, Social Services worker, youth and youth's family. The Orange County Department of Social Services will provide compensation for services at the following rates: The amount of $10,000 per year ($833.50 month) will be paid for the availability of each individual placement site. The amount of $90 per day will be paid for the first three days of service for each individual child. The amount of $80 per day will be paid for all days after the first three days of individual placement. For children in Social Services custody, the applicable state approved board rate will also be paid for each day of placement. For children not in Social Services custody, no additional fee will be paid. If a child becomes eligible for Level II services through mental health, the Orange County social worker and the mental health case manager will arrange with CFN for a transition date after which this contract will not apply to any services provided by CFN to the Medicaid-eligible child. This contract is strictly a fee for service contract, and shall not involve the transmission of health information by electronic means. Notwithstanding the foregoing the parties agree to comply with all applicable federal, state and local privacy and security laws and policies. The Orange County Department of Social Services will determine its need for availability. The initial contract will be for two placement sites with the possibility of adding two additional placement sites during the contract period. The Orange County Department of Social Services may reduce the number of available placement sites with 60 days notice to the CFN. 6