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HomeMy WebLinkAbout1994 S Health - NC Dept. of Human Resources Division of Child Development and OC Health Dept to provide Smart Start funding for the Dental Screening Project, the Home Visiting assessment and feasibility study for the School Health Nurse CONTRACT #0887 Between THE NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES DIVISION OF CHILD DEVELOPMENT and Orange County Health Department Federal Tax ID# I. Parties to the Contract: This Contract is entered into this eleventh day of April, 1994 by the Department of Human Resources, Division of Child Development(DHR),and Orange County Health Department (OCHD) for the activities specified in Attachment I of this contract. Neither party shall sell, assign, or transfer any interest in this Contract without prior written approval of the other, provided,however,that such consent will not be unreasonably withheld. All subcontracts must be approved by DHR prior to execution. This Contract shall insure to the benefit of and be binding upon the parties hereto,their successors and legal representatives. II. Effective Period: This Contract is effective September 27, 1993 and terminates on June 30, 1994. III. Independent Status: The parties hereto acknowledge that they are independent entities. Neither party shall represent itself as agent or employee of the other,nor shall either party bind or represent that it has the ability to bind the other to any monetary or legal obligation. The parties hereto acknowledge that neither this nor any provision hereof shall be deemed to create a partnership or joint venture between the parties. IV. Liabilities and Legal Obligations: Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees, agents, or representatives arising out of this Contract including fiscal responsibility for deviations from this Contract. V. Administrators for the Contract: The persons named below shall be administrators for the respective parties and shall be the persons 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 of Human Resources: Stephanie D. Fanjul, Director Division of Child Development Post Office Box 29553 Raleigh, NC 27626-0553 919/733-4801 For Orange County Health Department Daniel Reimer, Director Orange County Health Department PO Box 8181 Hillsborough, NC 27278 919/967-9251 ext.2412 VI. General Provisions: A. The place of this Contract,controlling its status and form, shall be Wake County, North Carolina,and all matters relating to the validity,construction, interpretation, and enforcement of this Contract shall be determined in the courts of Wake County. Any suit in federal district court relating to this Contract shall be brought in the United States District Court, Eastern District of North Carolina, Raleigh Division. B. This Contract supersedes all prior agreements between the parties and expresses their entire understanding with respect to the transactions contemplated herein. Any prior agreements,verbal understandings or otherwise,shall be deemed merged herein. In witness whereof,the OCHD and DHR have executed this Agreement in duplicate originals,one of which is retained by each of the parties. C. Payment of compensation specified in this agreement absolutely is dependent upon and subject to the allocation and appropriation of funds to the Department for the purposes set forth in this agreement. VII. Responsibilities of DHR: A. Reimbursing the OCHD for the costs of the activities described in Attachment I; B. Monitoring the OCHD for compliance with the terms of this Contract; 2 C. Specifying all reports required from the OCHD. VIII. Responsibilities of the OCHD: A. Performing the activities described in Attachment I in accordance with the terms of this Contract; B. Maintaining program and fiscal records for this Contract for three (3) years after final payment under this Contract or until any audits in progress at that time are completed; C. Making available all records,papers,vouchers,books,correspondence or other documentation or evidence at all reasonable times for review, inspection, or audit by duly authorized officials of DHR,or State auditors; D. Submitting to DHR, in such form as specified by DHR,a monthly report of expenditures by the fifteenth of the month following the expenditure month in order to claim reimbursement; E. Submitting to DHR the report,along with a corrective action plan for any audit finding, of an audit conducted in accordance with Office of Management and Budget (OMB)Circular A- 128 and containing a line item comparison of budgeted costs and actual allowable expenditures within six months of the end of OCHD's fiscal year,and submitting a copy of such report to the Office of the State Auditor in compliance with General Statute 143-6.1; F. Submitting to DHR a quarterly report of the contracted activities of the OCHD on such forms furnished by DHR according to the following schedule of report periods and due dates: September-December 1993, due January 15, 1994 January- February 1994, due March 15, 1994 March -June 1994,due July 15, 1994; G. Submitting any other plans, reports, documents or other products that DHR may specify; and H. Complying with Title 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 (ADA) and all requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles for both personnel employed and clients served. 3 IX. Payment for Services: The total payment under this contract shall not exceed $43,777. Upon execution of this Contract,OCHD may request,and upon approval by DHR, receive an advance amount of up to two months operating expenses plus any start up expenses approved by DHR. Monthly reimbursement shall be made based on actual expenditures made in accordance with the approved budget on file with both parties. Any unexpended funds held by the OCHD shall be reported to DHR with the final monthly claim for reimbursement. Payment for the final claim shall be reduced by this amount. If the remaining unexpended funds are in excess of the final claim for payment,the OCHD shall return these excess funds to DHR within fifteen days after approval of the final monthly claim. X. Copyrights and Distribution of Materials: The OCHD may copyright materials originated in the performance of this Contract. These copyrights not withstanding, DHR may use, disclose,duplicate and distribute all materials delivered under this Contract. The OCHD hereby grants to DHR a royalty-free, non- exclusive and irrevocable license to publish,translate, reproduce, deliver, perform, dispose of, and to authorize others so to do,all data, reports,publications, studies, curricula or other materials originated in the performance of this Contract. Such license shall be only to the extent that the OCHD has the right to grant such license. The OCHD may not market the products of this Contract for profit. XI. Amendment: This Contract may be modified by written amendment at any time. A. By DHR in the event that such amendment is necessary to comply with applicable laws, regulations,policies,and standards; or B. By mutual consent of both parties. Each party to this Contract will notify the other immediately if an amendment becomes necessary due to alterations in the activities described or for any other reason. XII. Suspension: This Contract may be suspended in whole or in part upon ten days written notice by DHR if the OCHD has materially failed to comply with the terms and conditions of the Contract. Suspension shall remain in effect until: A. The OCHD has taken corrective action as approved by DHR; or B. The OCHD has given assurances satisfactory to DHR that corrective action will be taken; or 4 C. The Contract is terminated by either party or by mutual consent of both parties. XIII. Termination: This Contract may be canceled in whole or in part at any time: A. By either party,immediately for cause,upon written notice to the other party delivered by registered mail with return receipt requested, or in person; B. By either party,upon at least thirty days notice in writing to the other party delivered by registered mail with return receipt requested, or in person; or C. By mutual consent of both parties. After receipt of a notice of termination,and except as otherwise directed by DHR,OCHD shall cease work under the Contract on the date,and to the extent specified, in the notice of termination. In the event of termination in part,both parties shall continue the performance of this Contract to the extent not terminated. If the Contract is terminated as provided herein,the OCHD will be paid for services actually delivered through the termination date. XIV. Default: Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing,signed by an authorized representative of DHR,and attached to this Contract. DIVISION OF CHILD DEVELOPMENT ORANGE COUNTY HEALTH DEPARTMENT r Stephanie D. F�ul, D' ec or Daniel Reimer, Director 5 2�� Date: Date: 5 STATEMENT OF COMPLIANCE WITH THE LOCAL CONTROL ACT This Contract has been preaudited in the manner required by the Local Government and Fiscal Control Act. Attest: County: Orange Title: Finance Director Signature; Date: Title: Chair, Oremp Canty Oa®issiornss sima Date: 6 BUDGET ORANGE COUNTY HEALTH DEPARTMENT Personnel $33,905 Materials/Supplies $ 3,901 Current Obligations $ 1,755 Fixed Charges $ 866 Capital Outlay $ 3,350 TOTAL $43,777 ATTACHMENT ORANGE COUNTY HEALTH DEPARTMENT The contracted activities are described below: Explore the feasibility of universal home visiting services by considering existing models,exploring current services,scope of services to be offered,and other critical issues. Screen all preschoolers in the county for dental problems and provide referral for follow-up services. Purchase a computer and printer for the public health nurse who conducts prenatal, postnatal,and parenting education for expectant teens and the teen parents in the school system. Provide screening kits,parent education materials,and toys for staff conducting home visits through the Child Services Coordination program.