HomeMy WebLinkAbout2013-081 Health - UNC Dept of Family Medicine for Tobacco Treatment Specialist $12,000 STATE OF NORTH CAROLINA
COUNTY OF ORANGE
AGREEMENT BETWEEN
ORANGE COUNTY HEALTH DEPARTMENT
AND
THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
FOR ITS
DEPARTMENT OF FAMILY MEDICINE IN THE SCHOOL OF MEDICINE
THIS AGREEMENT made and entered into as of the 1 st day of February 2013 by
and between The University of North Carolina at Chapel Hill,hereinafter referred to as
the "UNIVERSITY" for its Department of Family Medicine in the School of Medicine
hereinafter referred to as "DEPARTMENT"; and Orange County for its Health
Department, hereinafter referred to as"OCHD".
WITNESSETH:
WHEREAS, OCHD desires to purchase the services of UNIVERSITY medical staff to
provide a tobacco cessation program for Orange County Government employees; and
WHEREAS, the UNIVERSITY desires to provide the services of medical staff to
provide tobacco cessation services to Orange County Government employees; and
WHEREAS, performance of the activity described herein is consistent with the
UNIVERSITY'S goals of research, teaching, education and public service.
NOW,THEREFORE, in consideration of the following mutual promises, covenants,
and conditions, OCHD and the UNIVERSITY agree as follows:
1. The UNIVERSITY shall make available the services, as provided in Exhibit 1, of a
Tobacco Treatment Specialist(TTS) for half a day a week.
2. Providers will abide by the rules,policies and procedures of OCHD in the
performance of all services provided under this agreement.
3. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall
include all compensation due the Provider from the OCHD for all services under
this Agreement except for any authorized Reimbursable Expenses which are
defined herein. The amount payable for Basic Services shall equal twelve
thousand Dollars ($12,000), and shall be payable in equally quarterly
installments of three thousand dollars ($3,000).
b. The UNIVERSITY shall invoice OCHD on a quarterly basis with the first
invoice being dated, February 1. The remaining installments shall be invoiced
during the term of this Agreement on May 1, August 1 and November 1.
c. Payment for Basic Services shall become due and payable within thirty (30)
days of UNIVERSITY properly invoicing the OCHD. Any adjustments to the
invoice shall be taken into account in the next invoice or as soon thereafter as
reasonably practicable. Payment shall be subject to provisions of Section 3(d).
d. Disputes. In the event the amount stated on an invoice is disputed by OCHD,
OCHD may withhold payment of all or a portion of the amount stated on an
invoice until the parties resolve the dispute. Should UNIVERSITY fail to
perform its duties under the terms of this Agreement, OCHD may, without fault
or penalty, withhold any payment associated with the work to be performed
until such time as said work is completed.
e. Additional Services. OCHD shall not be responsible for costs related to any
services in addition to the Basic Services performed by UNIVERSITY unless
OCHD requests such additional services in writing and such additional services
are evidenced by a written amendment to this Agreement.
4. The term of this agreement shall be from February 1, 2013 through January 31, 2014
5. The person(s)whose services are to be provided pursuant to this agreement is(are)
for all purposes an employee of the UNIVERSITY. The University will provide
professional liability coverage for the providers of the patient care services provided
under this contract. The UNIVERSITY shall provide OCHD with evidence of
professional liability insurance in the amount of at least 1 million/3 million upon
request.
6. Termination. Either party may terminate this agreement or its renewals at any time
without penalty provided that written notice of such termination is furnished to the
other party at least sixty(60) days prior to the termination. In the event of such
termination any payments due shall be based on services rendered.
7. OCHD and the UNIVERSITY hereby agree that in their service, educational and/or
employment practices each will comply with such non-discrimination laws as may
be applicable to them in the performance of this agreement.
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. With regard to the teaching, research and/or other services to be performed pursuant
to this agreement by the UNIVERSITY or any of its schools or subdivisions it is
hereby covenanted that OCHD or its employees shall not make any use whatsoever
of the name of the UNIVERSITY contained therein in any campaign of advertising
or in any other manner whatsoever,without the express written permission of the
UNIVERSITY, which permission shall not be unreasonably withheld,unless
compelled to divulge said name by force of law. It is also agreed that OCHD shall
not attempt to circumvent the intent of this paragraph by use of descriptive phrases
by which one could identify said UNIVERSITY with reasonable certainty.
With regard to the program or services provided by OCHD and/or the services of
the individual providing those services for OCHD pursuant to this agreement it is
hereby covenanted and agreed that the UNIVERSITY or its employees shall not use
the name of OCHD in any campaign of advertising or in any other manner
whatsoever, without the express written permission of OCHD, which permission
shall not be unreasonably withheld, unless compelled to divulge said name by force
of law. It is also agreed that the UNIVERSITY shall not attempt to circumvent the
intent of this paragraph by the use of descriptive phrases by which one could
identify said OCHD with reasonable certainty.
11. Non-Appropriation. Provider acknowledges that OCHD is a governmental entity,
and the validity of this Agreement is based upon the availability of public funding
under the authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the
performance of OCHD's obligations under this Agreement, then this Agreement
shall automatically expire without penalty to OCHD immediately upon written
notice to UNIVERSITY of the unavailability and non-appropriation of public funds.
It is expressly agreed that OCHD shall not activate this non-appropriation provision
for its convenience or to circumvent the requirements of this Agreement, but only as
an emergency fiscal measure during a substantial fiscal crisis.
In the event of a change in Orange County's statutory authority,mandate and/or
mandated functions, by state and/or federal legislative or regulatory action, which
adversely affects Orange County's authority to continue its obligations under this
Agreement, then this Agreement shall automatically terminate without penalty to
Orange County upon written notice to UNIVERSITY of such limitation or change in
Orange County's legal authority.
12. 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 Provider's Name
Attention: Health Director UNC Dept. of Family Medicine
Post Office Box Attn: Warren P. Newton, MD, Chair
P.O. Box 8181 590 Manning Drive
Hillsborough,NC 27278 Chapel Hill,NC 27599
IN WITNESS WHEREOF,the Parties,by and through their authorized agents,
have hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By: ` < </ Acting for
Frank W. Clifton , County Manager Wlllia L. A r, MD, MPH
Dean, chool f Medicine
Vice Chancellor for Medical Affairs
Printed Name and Title
This instrument has been approved as to technical content.
/k_ &�A /
Colleen M. Bridgerdflealth Department Director
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control'/Act.
f A, vt
Clarence G. Grier, Financial and Administrative Services Director
This ' as been approved as to form and legal sufficiency.
Anneite Moo , Staff Attorney, Office of County Attorney
Exhibit 1:
1) Employee Wellness/Tobacco Free Employees Program
a) Employee Tobacco Cessation Services
i) The Department will provide a Tobacco Treatment Specialist(TTS)for half a day
a week to partner with OCHD to offer free services to Orange County
Government(OCG)employees for tobacco cessation.
ii) The Department will provide services of the NDP Medical Director(MD)and
Program Director as needed for supervision of the TTS, direction of population
management activities, review and implementation of outreach strategies, and
program development with the TTS and OCHD.The Department will also
provide services of an Information Technology staff member to manage the
web-based portal and tracking system.
iii) All employee medical records and personal health information, including
scheduling records, will be kept confidential. At no point will any such
information be made available to the OCHD or the OCG except in summarized,
de-identified report format.
b) Tobacco Free Employees Program
i) Tobacco Use Initial Assessment(IA)/Emplovee Health Registry(EHR)
(1) The Department will administer an online questionnaire (IA)of
demographics, medical history, history of tobacco use,and quit
attempts.
(2) Following the initial assessment appointment,the Department will
produce an individualized treatment plan for each employee enrolled in
the program.
(3) The Department will produce annually a summarized report for the
OCHD based on available data for employees who participate in the
program.
(4) The Department will maintain a record of all medications(OTC Nicotine
Replacement Therapy) received by program from the OCHD and
distributed to Orange County Government employees.
(5) EHR data will be maintained in an accessible electronic registry. The
Department will provide ongoing support for electronic resources and
reporting needs throughout the term of the contract.
ii) Educational Programming: The TTS will facilitate educational outreach
programs for tobacco use and dependence, in consultation with the OCHD.
2) Duties and Responsibilities of the NDP Medical and Program Directors. The duties and
responsibilities of the NDP Medical and Program Directors under this Agreement are as
follows:
i) Directly supervising the TTS and collaborating with the OCHD and OCG HR team in
design and implementation of educational and outreach programs and activities;
ii) Directing data review and subsequent population management strategies;
iii) Documenting the medical treatment rendered to OCG employees;
3) Duties and Responsibilities of the Tobacco Treatment Specialist(TTS).The duties and
responsibilities of the TTS under this Agreement are as follows:
L Providing initial assessment and follow-up for OCG employees who enroll in
program to become tobacco free;
ii. Collaboratively develop and implement tobacco use educational outreach
efforts to employees of the county;
iii. Coordinating employee appointment scheduling and coordination of care; and
iv. Appropriately documenting medical treatment rendered to Orange County
Government employees