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HomeMy WebLinkAboutAgenda - 05-07-2013 - 5l1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2013 Action Agenda Item No. 5 -1 SUBJECT: Renewal of Contract for Social Work Services Between Orange County Schools and Orange County Department of Social Services DEPARTMENT: Social Services PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: Contract Nancy Coston, 245 -2800 PURPOSE: To consider renewal of the contract between the Orange County Schools and the Orange County Department of Social Services for the provision of eight Department of Social Services positions and related supervision to provide social work and case management services in the schools. BACKGROUND: The Orange County Schools system had determined a need for additional social workers to expand services to students within the district. The original contract added four positions, in addition to the four employed by the schools, to serve at risk children. In 2005 -2006, three additional social workers were added so that all schools had a social worker assigned. With the opening of Gravelly Hill Middle School in FY 2006 -2007, one new worker was requested. Services 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. The Orange County Department of Social Services has as a part of its mission the prevention of abuse and neglect of children as well as the promotion of self- sufficiency and family well- being. The Department has federal Medicaid funding available through a program called At -Risk Case Management to assist certain at -risk families. This particular service requires a local match and service must be provided by employees of a local department of social services. Through a contractual arrangement, Orange County Department of Social Services began providing services to the Orange County Schools in January 2005. The staff are located at the schools although they are employees of the Department of Social Services. The social work positions are contingent on the existence of this contract and staff members hired into those positions are informed of this contingency. Social work staff are hired, supervised, and trained by the Department of Social Services in regular communication and consultation with appropriate school staff. This is the same methodology currently in place between the Orange County Department of Social Services and the UNC Hospitals for the employment of Medicaid workers. This program utilizes a very specific type of Medicaid funding. Should these funds cease to be available, the program will be discontinued. The School Social Workers are not part of the 48.1 % target calculation for school funding. The five (5) components which make up the 48.1 % target are Current Expense, Recurring Capital, Long Range Capital, Debt Service, and Fair Funding. FINANCIAL IMPACT: The Department of Social Services will bill Medicaid when the client and service meet the eligibility requirements. All other costs for the positions will be billed to the Orange County Schools system. The Orange County Schools system will pay these costs from funds available in the approved budget. No additional County funds are being requested. Orange County Schools also recognizes that this pass- through, contractual arrangement does not represent an increase in its continuing budget as far as State - prescribed per pupil funding is concerned. Should any of the funding sources cease to be available, the program will be discontinued. RECOMMENDATION(S): The Manager recommends the Board: 1) Accept the recommendation of the Social Services Board and renew the contract for eight permanent full time social worker positions and supervision to be funded through the contract; and 2) Authorize the County Manager to sign this agreement, any future agreements, and any amendments to these agreements subject to County Attorney review and contingent upon the continuation of federal and contract funding and approval of the annual County budget. K 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 1st day of July, 2013 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. WITNES SETH: 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, 2013 to June 30, 2014. This Agreement may be renewed annually by the parties; however, the parties agree to review the terms of the Agreement by May 31st 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 M 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 Alex Herring Director Student Discipline Officer 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 County Manager, Orange County DATE: Attest: Clerk of the Orange County Board of Commissioners [SEAL] Superintendent, Orange County Schools DATE: This instrument has been approved as to technical content. Nancy Coston, Social Services Director Date This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Clarence. Grier, Director Orange County Financial Services Director This instrument has been approved as to form and legal sufficiency. Annette M. Moore, Staff Attorney Office of the County Attorney 5 Date Date 7