HomeMy WebLinkAboutAgenda - 06-27-2006-5iORANGE COUNTY
BOARD OF COMMIS51ONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 27, 2006
Action Agenda
Item No. 5- t
SUBJECT: Contract Renewal with OPC for Mental Health Services for DSS Clients
DEPARTMENT: Social Services
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
OPC Renewal Contract
INFORMATION CONTACT:
Nancy Coston, 245-2802
PURPOSE: To renew a contract with Orange-Person-Chatham LME far a part-time liaison to
assist clients of Social Services to access needed mental health services.
BACKGROUND: During the community discussion that occurred after the closure of Sheaffer
House, it was recommended that a liaison on site at Social Services cculd expedite the access
for needed services. This was particularly crucial with the privatization of many mental health
services. The Board of Commissioners approved this contract during November 2005, utilizing
some of the funds previously provided to Sheaffer House. The liaison is now in place and has
been serving Social Services for the past several months. Initial staff feedback indicates that
this position has been able to help families to receive services more quickly.
This renewal contract has been approved by the Social Services Board and will continue to
provide one person halftime to assist Social Services.
FINANCIAL IMPACT: The contract is expected to cost $31,443 during Fiscal Year-2007.
Some of the casts will be eligible for federal reimbursement.
RECOMMENDATION(S): The Manager recommends that the Board approve the renewal
contract between Social Services and OPC and to authorize the Chair to sign the contract.
COUNTY OF ORANGE
DEPARTMENT OF SOCIAL SERVICES
This contract is entered into by the Orange County Department of Social Services (hereinafter referred to as the
Department) and Orange-Person-Chatham (OPC) Mental Health Center (hereinafter referred to as the Provider),
for the purchase of'specific activities as described therein. Tlris contract is subject to the provisions of all
applicable Federal, State, County laws, regulations, policies and standards.
SECTION I: Effective Period
This agreement shall be in effect from July 1, 2006 through .lone .30, 2007.
SECTION II: Responsibilities
A. The Department will:
1. Refer children for services and families to the OPC liaison as soon as needs are identified; and
2. Provide space to be used by the OPC liaison during times assigned to Department
B. The Provider will:
1. Provide .5 FTE qualified staff person to provide access to mental health services to children and their
families who are clients of the Department; and
2. Assure that children and their families served by the Depaztment have access to all needed services
including early identification and time-critical intervention; and
3. Attend staffing and other meetings at the Department to assure that Department staff; the children and
their families have information about mental health services, including eligibility and access; and
4. Assure availability to Department staff for consultation regarding mental health needs and services,
including consultation on crisis intervention
5. Submit programmatic reports as requested by the Department and assist the Department in meeting all
reporting requirements to State and other agencies; and
6. Maintain fiscal books, record, documents and other evidence which reflect all direct and indirect costs
expended under this contract; and
7. Comply with all laws, regulations policies and standards applicable to the program under contract; and
8. Furnish worker's compensation, liability insurance, and other insurance as may be required to protect the
Provider and the Department against claims which may arise from the Provider's performance; and
9. Agree to participate in program, fiscal and administrative monitoring or audits, making records and staff
time available to Federal, State and county staff; and
10. Comply with Tiles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
197.3 and the Americans with Disabilities Act of 1990 and all requirements imposed by Federal
regulations, rules and guidelines issued pursuant to these Titles of both personnel employed and clients
served; and
11. Maintain client records which date and document, in accordance with established policy, the service
delivered to the individual, a valid authorization for service, program records documents and other'
evidence which reflects pr'ograrn operations; and
12. Protect the privacy and security of information obtained in connection with the program and restrict, as
required by applicable privacy and security law and regultrtions, the use or disclosure of information
obtained in connection with the administration of the program to ]awful purposes directly connected with
the provision and administration of the program.
1.3. Furnish, as requested, information to the Department, to the fullest extent permitted by applicable privacy
and security laws and regulations, to support the performance of activities pursuant to this contract and
the full cost of activities; and submit changes, as needed or required, in the contract or any materials
included in this conhact or approved supporting information for review and approval by the Department;
and
14. Take the necessary steps for' corrective action, as negotiated within a corrective action plan, for any items
found to be out of compliance with Federal, State, and County laws, regulations, standards and/or'terms
of this contract.
SECTION III: Access to Records
All fiscal and program records are to be retained for three yeazs after final payment or un61 all audits
continued beyond this period are completed. These records, to the fullest extent permitted by applicable
privacy and security laws and regulations, be subject to at all reasonable times to inspection, review or' audit
by duly authorized County, State and Federal officials.
SECTION IV: Liabilities and Legal Obligations
The Provider and the Department shall be liable for the act of omissions of their respective employees in the
performance or service covered under khe terms of this contract to the extent permitted by applicable law. The
foregoing shall not be deemed as a waiver of governmental immunity by the Department or by Orange
County.
The Provider is and shall be deemed to be an independent confractor in the performance of this contract and
agrees to indemnity and save harmless the Departrnent against any claims of third parties arising out of any
act of omission of the Provider, its agents employees and subcontractors in the performance of tlus contract.
SECTION V: Subcontracting
The Provider shall not subcontract any of the work contemplated under' this contract without obtaining
PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall to all conditions of
this contract. The Provider shall be responsible for the performance of any subcontractor,
SECTION VI: Right to Data
To the fullest extent permitted by applicable privacy and security laws and regulations, (1) the Department
Wray duplicate, use and disclose all data delivered under this contract, (2) the Provider may copyright data
generated as a result of the contract; however, this data shall not be marked for profit by the Provider, (3) the
Provider grants to the Depaztment a royalty fee, non-exclusive, irrevocable license to publish, translate,
reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright and with
respect to data not originated in the performance of this confract, the above license shall be only to the extent
that the Provider has the right to grant such license without becoming liable to pay compensation to others
because contract shall acknowledge the support provided by the Department.
SECTION VII: Conflict of Interest
The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict, in any manner or degree with the performance of service required to be
performed under this contract. The Provider further agrees to notify the Department in writing of any
instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to
disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy
addressing conflict of interest in accordance with the North Carolina law;
SECTION VIII: Treatment of Assets
Provider shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide
the services hereunder, unless otherwise agreed in writing.
SECTION IX: Administrator for the Contract
The persons named below shall be administrators for the respective pazties and shall be the person 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 Depaztment:
Denise Shaffer, Services Director
Orange County Department of Social Services
P. O. Box 8181
Hillsborough, NC 27278'
(919)968-2000
For the Provider:
Judy Tmitt, Director
OPC Mental Health
100 Europa Drive, Suite 490
Chapel Hill, NC 27517
919-913-4000
SECTION X: Fiscal Provisions
The Department will reimburse the Provider for services described in the contract upon receipt of a monthly
invoice. The maximum amount of reimbursement for the period of July 1, 2006 through June .30, 2007 shall not
exceed $31,443.
SECTION XI: Termination
This contract, in whole or in part, maybe canceled at any time by either the Department, with or without cause, or
by the Provider, with cause upon at least (.30) days notice, in writing, and delivered by registered mail with return
receipt requested, or in persona
After receipt of a notice of termination, and except as otherwise directed by the Department, the Provider shall
cease work under the contract on the date, and to the extent specified, in the notice of termination. The
Departrnent shall pay the Provider the agreed upon amount for the delivery of services under the terms of this
Contract up to the effective date of termination.
SECTION XII: Independent Contractor
DEPARTMENT and PROVIDER agree that PROVIDER is an independent contractor and shall not represent
itself as an agent or employee of DEPARTMENT for any purpose in the performance of PROVIDER'S duties
under this contract. Accordingly, PROVIDER shall be responsible for payment of all federal, state and local
taxes as well as business license fees arising out of PROVIDER'S activities in accordance with this Contract, For
purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and
Unemployment Insurance taxes.
SECTION XIII: Insurance and Indemnity
To the fullest extent permitted by laws and regulations, PROVIDER. shall indenmify and hold hazmless the
DEPARTMENT and its officials, agents, and employees from and against all claims, damages, losses, and
expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or
architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or
resulting from PROVIDER'S performance of this Contract or the actions of the PROVIDER or its officials,
employees, or contractors under this Contract or under contracts entered into by the PROVIDER in connection
with this contract, This indemnification shall survive the termination of this Contract. The foregoing shall not be
deemed a waiver of governmental immunity by the Department or by Orange County,:
~'
In addition, PROVIDER shall comply with the North Carolina Workers' Compensation Act and shall provide for
the payment of workers' compensation to its employees in the manner and to the extent required by such Act.
Additionally, PROVIDER shall maintain, at its expense, the following minimum insurance coverage:
$1,000,000 per occurrence/$2,000,000 aggregate-Bodily Injury Liability, and s
$ 100,000-Property Damage Liability, or
$1,000,000 per occurrence/$2,000,000 aggregate-Combined Single Limited Bodily
Injury and Property Damage
PROVIDER, upon execution of this Contract, shall furnish to the DEPARTMENT a Certification of Insurance
from an insurance company, authorized to do business in the State of North Carolina and acceptable to
DEPARTMENT, verifying the existence of any insurance coverage required by DEPARTMENT, The Certificate
shall provide for thirty (.30) days advance written notice in the event of a decrease, termination or cancellation of
coverage.
SECTION XIV: Health and Safety
PROVIDER shall be responsible for initiating, maintaining and supervising all safety precautions and programs
required by OSHA and all other regulatory agencies while providing Services under this Contract.
SECTION XV: Non-discrimination in Employment
PROVIDER shall not discriminate against any employee or applicant for employment because of age, sex, race,
creed, national origin, or disability. PROVIDER shall take affirmative action to ensure that qualified applicants
are employed and that employees are treated fairly and legally during employment with regard to their age, sex,
race, creed, national origin, or disability. In the event PROVIDER is determined by the final order of an
appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law or
this provision, this Contract maybe canceled, terminated or suspended in whole or in part by DEPARTMENT,
and PROVIDER may be declare ineligible for further DEPARTMENT contracts
SECTION XVI: Compliance with Laws
PROVIDER represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as
amended or supplemented, The implementation of this Contract shall be carried out in strict compliance with all
Federal, State, or local, laws
SECTION XVII: Waiver by the Department
Waiver by the Department of any default or breach in compliance with the terms of the contract by the Provider
shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of
the terms of this contract unless stated to be such in writing, signed by an authorized representative of the
Deparhnent and attached to the contract..
SECTION XVIII: Pre•-Audit Statement and Signatures
This contract has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
act.
Signature: Orange County Finance Officer
Date:
Orange-Person-Chatham Mental Health Center
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Title:
W TNESS (~_~
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Date: ~ • I `-~ ' ~l-r-
Orange County Department of Social Services WITNESS
By:
Title: Director
Date:
Chair, Social Services Board Date:
Chair, County Commissioners