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HomeMy WebLinkAbout2005 S DSS - Orange Person Chatham Mental Health Center~~ -117~o%S COUNTY OF ORANGE DEPARTMENT OF SOCIAL SERVICES This contract is entered into by the Orange County Department of Social Services (hereinafter referred to as the Department) and Orange-Person-Chatham (OPC) Mental Health Center (hereinafter referred to as the Provider), for the purchase of specific activities as described therein. This contract is subject to the provisions of all applicable Federal, State, County laws, regulations, policies and standards. SECTION I: Effective Period This agreement shall be in effect from October 1, 2005 through June 30, 2006. SECTION II: Responsibilities A. The Department will: 1. Refer children for services and families to the OPC liaison as soon as needs are identified; and 2. Provide space to be used by the OPC liaison during times assigned to Department B. The Provider will: 1. 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 2. Assure that children and their families served by the Department have access to all needed services including early identification and time-critical intervention; and 3. Attend staffing 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 4. Assure availability to Department staff for consultation regarding mental health needs and services, including consultation on crisis intervention 5. Submit programmatic reports as requested by the Department and assist the Department in meeting all reporting requirements to State and other agencies; and 6. Maintain fiscal books, record, documents and other evidence which reflect all direct and indirect costs expended under this contract; and 7. Comply with all laws, regulations policies and standards applicable to the program under contract; and 8. Furnish worker's compensation, liability insurance, and other insurance as may be required to protect the Provider and the Department against claims which may arise from the Provider's performance; and 9. Agree to participate in program, fiscal and administrative monitoring or audits, making records and staff time available to Federal, State and county staff; and 10. Comply with Tiles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and all requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles of both personnel employed and clients served; and 11. Maintain client records which date and document, in accordance with established policy, the service delivered to the individual, a valid authorization for service, program records documents and other evidence which reflects program operations; and 12. Protect the privacy and security of information obtained in connection with the program and restrict, as required by applicable privacy and security law and regulations, the use or disclosure of information obtained in connection with the administration of the program to lawful purposes directly connected with the provision and administration of the program. 13. 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; and 14. Take the 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 this contract. SECTION III: Access to Records All fiscal and program records are to be retained for three years after final payment or until all audits continued beyond this period are completed. These records, to the fullest extent permitted by applicable privacy and security laws and regulations, be subject to at all reasonable times to inspection, review or audit by duly authorized County, State and Federal officials. SECTION IV: Liabilities and Legal Obligations The Provider and the Department shall be liable for the act of omissions of their respective employees in the performance or service covered under the terms of this contract to the extent permitted by applicable law. The foregoing shall not be deemed as a waiver of governmental immunity by the Department or by Orange County. The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees to indemnity and save harmless the Department against any claims of third parties arising out of any act of omission of the Provider, its agents employees and subcontractors in the performance of this contract. SECTION V: Subcontracting The Provider shall not subcontract any of the work contemplated under this contract without obtaining PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall to all conditions of this contract. The Provider shall be responsible for the performance of any subcontractor. SECTION VI: Right to Data To the fullest extent permitted by applicable privacy and security laws and regulations, (1) the Department may duplicate, use and disclose all data delivered under this contract, (2) the Provider may copyright data generated as a result of the contract; however, this data shall not be marked for profit by the Provider, (3) the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to publish, translate, reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright and with respect to data not originated in the performance of this contract, the above license shall be only to the extent that the Provider has the right to grant such license without becoming liable to pay compensation to others because contract shall acknowledge the support provided by the Department. SECTION VII: Conflict of Interest The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict, in any manner or degree with the performance of service required to be performed under this contract. The Provider further agrees to notify the Department in writing of any instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy addressing conflict of interest in accordance with the North Carolina law. SECTION VIII: Treatment of Assets Provider shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide the services hereunder, unless otherwise agreed in writing. SECTION IX: Administrator for the Contract The persons named below shall be administrators for the respective parties and shall be the person to whom notices provided for in this Contract shall be given and to whom matters relating to administration or interpretation of this Contract shall be addressed. Either party may change its administrator or his address or his telephone number by written notice to the other party. For the Department: Denise Shaffer, Services Director Orange County Department of Social Services P. O. BOX 8181 Hillsborough, NC 27278' (9.19) 968-2000 For the Provider: Judy Truitt, Director OPC Mental Health 100 Europa Drive, Suite 490 Chapel Hill, NC 27517 919-913-4000 SECTION X: Fiscal Provisions The Department will reimburse the Provider for services described in the contract upon receipt of a monthly invoice. The maximum amount of reimbursement for the period of October 1, 2005 through June 30, 2006 shall not exceed $18,206. SECTION XI: Termination This contract, in whole or in part, may be canceled at any time by either the Department, with or without cause, or by the Provider, with cause upon at least (30) days notice, in writing, and delivered by registered mail with return receipt requested, or in person. After receipt of a notice of termination, and except as otherwise directed by the Department, the Provider shall cease work under the contract on the date, and to the extent specified, in the notice of termination. The Department shall pay the Provider the agreed upon amount for the delivery of services under the terms of this Contract up to the effective date of termination. SECTION XII: Independent Contractor DEPARTMENT and PROVIDER agree that PROVIDER is an independent contractor and shall not represent itself as an agent or employee of DEPARTMENT for any purpose in the performance of PROVIDER's duties under this contract. Accordingly, PROVIDER shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of PROVIDER'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. SECTION XIII: Insurance and Indemnity To the fullest extent permitted by laws and regulations, PROVIDER 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 PROVIDER'S performance of this Contract or the actions of the PROVIDER or its officials, employees, or contractors under this Contract or under contracts entered into by the PROVIDER 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, PROVIDER 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, PROVIDER 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 PROVIDER, 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. SECTION XIV: Health and Safety PROVIDER 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. SECTION XV: Non-discrimination in Employment PROVIDER shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. PROVIDER 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 PROVIDER 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 PROVIDER may be declare ineligible for further DEPARTMENT contracts. SECTION XVI: Compliance with Laws PROVIDER 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 SECTION XVII: Waiver by the Department Waiver by the Department of any default or breach in compliance with the terms of the 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 Department and attached to the contract. SECTION XVIII: 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: ~l Orange County Finance Officer ~" / Date: S~/ ~`~~6~~ Orange-Person-Chatham Mental Health Center ITNESS ~ 1~ -~ ~~ ~ By: Title: ~~i GL, ~ 11~~~i"~C~ 1~ Date: ~ ~ ' I ~• O~ * Orange County Department of Social Services gy: ~ a r'' G6~~ Title: Director Date: /i~l~/v 5' ~,%~~ Chair, Social Services Board Commissioners WITNESS Date: `J. Z~~J~ Date: /~ ~ ~ ~~~