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.
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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.
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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
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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
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