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HomeMy WebLinkAbout2012-299 DSS - Orange County Schools for school social worker $N/A •c�S S STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE ORANGE COUNTY SCHOOLS AND ORANGE COUNTY,NORTH CAROLINA THIS AGREEMENT, made and entered into this the 1 st day of July, 2012 by and between The Orange County School System ("Orange County Schools") and Orange County ("County") by and through the Orange County Department of Social Services, ("DSS") both located in Hillsborough, Orange County,North Carolina. WITNESSETH: WHEREAS, the parties have agreed with each other that DSS will provide certain services for Orange County Schools; and WHEREAS, Orange County Schools have agreed to pay certain compensation for said service and the parties desire to execute this contract to delineate their understanding of this agreement; and WHEREAS, DSS is authorized by the State Division of Medical Assistance to provide case management services to Medicaid eligible children at risk of abuse or neglect and is eligible to receive certain Medicaid reimbursement for the costs of providing this service; and WHEREAS, many of the children served by Orange County Schools are Medicaid eligible; NOW, THEREFORE,the parties hereby agree as follows: 1. Term. This Agreement shall be effective from July 1, 2012 to June 30, 2013. This Agreement may be renewed annually by the parties; however, the parties agree to review the terms of the Agreement by May 31 Sc of each year. 2. DSS agrees to the following: a. Scope of Services. To provide eight social work staff to provide services exclusively to referrals of the Orange County Schools. i. The Social Workers shall provide case management services to Medicaid eligible children at risk of abuse or neglect. Services may include identification of family, economic and social issues impacting the ability of students to have successful academic outcomes, provision of counseling to children and families with certain risk factors, and provision of other supportive services to address the identified problems. ii. The social workers shall be employees of Orange County and will be directly supervised by and accountable to DSS. b. Other Supportive Services. To provide other supportive services without additional charge to Orange County Schools including continuing program training of social workers, verification of Medicaid eligibility, and Medicaid billing and reconciliation. 3. Orange County Schools agrees to the following: a. Payment. Orange County Schools agrees to reimburse Orange County within 30 days of receipt of monthly billings for the county's share of the salary, benefits, and all indirect costs, including travel costs, of the eight social work staff assigned to the Orange County Schools not covered by Medicaid. b. Other Supportive Services. To provide supportive services without charge to DSS including: office space; parking space; office equipment; clerical support; and telephone service. C. Liaison Assigned. Due to the nature of this agreement, a close working relationship between the two organizations is essential. To facilitate this relationship, Orange County Schools and DSS will establish liaisons to provide coordination and oversight. Assignment of work to the social workers and coordination of sick, vacation, and other leave will be the joint responsibility of the liaisons. d. The Social Workers shall be employed by Orange County; however, Orange County Schools shall participate in the interviewing and selection process utilized by DSS for the hiring of the social workers covered by this agreement in accordance with the Orange County Personnel Ordinance and Office of State Personnel Policy. 4. The Parties agree to the following: a. Compensation. Compensation for the cost of the social work services will be provided by a federally funded Medicaid Program entitled "At Risk Case Management"with a local match provided by Orange County Schools. i. DSS will bill the Medicaid At Risk Case Management Services when the client and services to children at risk of abuse of neglect meet eligibility requirements for these funds. 2 ii. DSS will provide a monthly invoice to Orange County Schools for reimbursement of the costs of the social workers not covered by Medicaid. The County's invoice will include all costs associated with the social worker positions including costs for salary and benefits of the social workers based on the Orange County pay plan; FICA taxes; local government retirement; vacation, sick, petty, or other leave under approved county plan; paid holidays as observed by county; county paid insurance (health, dental, and life) and all other costs associated with these positions. Orange County will not provide any funds to cover the cost of the social workers, if the costs provided by either Orange County Schools or the Medicaid At Risk Case Management Services cease to exist this Agreement will terminated unless another source of funding can be identified. b. Work together to develop procedures for referral and service provision for students at the schools. C. Coordination of Work Assignments and Leave. Assignment of work to the social workers and coordination of sick, vacation, and other leave will be the joint responsibility of the liaisons and DSS. d. Performance of Social Workers. Although the Social Workers are Orange County DSS employees, if at any time Orange County Schools determines that a social worker's performance or professional interactions are inadequate or inappropriate, Orange County Schools may request that DSS initiate appropriate action to correct or dismiss that employee. Any disciplinary action shall be pursued in compliance with the Orange County Personnel Ordinance and the State Personnel Act. Upon request, Orange County Schools shall provide sufficient documentation to support any such action. e. Business Associates Agreement. To abide by the conditions set forth in attached Business Associate Agreement, which is attached hereto and incorporated by reference. 5. Termination. a. 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 60 days prior to termination. b. This contract may be terminated within 30 days if sufficient funds are not available to pay the costs of the positions. 3 C. In the event of such termination any payment shall be prorated to the date of termination. 6. Indemnity. Orange County Schools agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Agreement and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Orange County Schools except to the extent same are caused by the negligence or willful misconduct of the DSS. It is the intent of this provision to require the Orange County Schools to indemnify the County to the fullest extent permitted under North Carolina law. 7. Amendments or Modification. This Agreement shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 8. Subcontract or Assignment. The County shall not sub-contract out any of the services provided for in this Agreement or make any assignment of this Agreement (including rights to payments) without the prior written consent of the Orange County Schools. 9. Relationship of the Parties. The County is an independent contractor. Neither the County nor any employee of the County shall be deemed to be an officer, employee or agent of Orange County Schools. County personnel shall not be employees of, or have any contractual relationship with the Orange County Schools. 10. Intent to be Bound. The parties have read this Agreement, including the Business Associates Agreement attached, and agree to be bound by all of its terms, and further agree that the documents constitute the complete and exclusive statement of the Agreement between the parties. 11. Entire Understanding. The 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. 12. Governing Law. The laws of North Carolina shall govern the validity and interpretation of the provisions,terms and conditions of this Agreement. 13. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Social Services Orange County Schools Nancy Coston Lisa Napp Director Director of Elementary Education/Title I Services P.O. Box 8181 200 East King Street Hillsborough,NC 27278 Hillsborough,NC 27278 4 IN WITNESS WHEREOF,the parties hereto have caused this contract to be signed by its duly authorized officials. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: ORANGE COUNTY,NORTH CAROLINA THE ORANGE COUNTY SCHOOLS Chair, Orange County Board of Superintendent, Orange County Schools Commissioners DATE: DATE: r Attest: .of: ge County o i ioners S y2 is ortb as been approved as to technical content. Nan Cost n, cial Services Director ate This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ceo'4'� A A4'_ t7/ L_ Clarence. Grier, Director Date Orange County A;54, /V(p - C" This instrument has been approved as to form and legal sufficiency. SA �' - q(2-71112- Anne de M. Mo e, Staff Attorney Date Office of the County Attorney 5