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HomeMy WebLinkAbout2020-155-E CJRD - UNC Dept of Psychiatry Jail services DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB [Departmental Use Only] TITLE Jail Psychiatry FY 2019/2020 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter"Agreement"), made and entered into this 10th day of February , 2020, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and the University of North Carolina at Chapel Hill, for its School of Medicine, Department of Psychiatry, Center for Excellence in Community Mental Health, (hereinafter,the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Contract psychiatry services at the Orange County Detention Center. The purpose of this work is to improve inmate psychiatric care while they are incarcerated, ensure appropriate psychaitric medication is being prescribed, to link individuals with appropriate community health resources that may assist in reducing their incarecration and to improve health and safety, all of which are consistent with provider's patient care and public service missions. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. Revised 11/19 1 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) To the extent permitted under North Carolina law, Provider shall be responsible for the negligent errors or omissions of its agents, contractors, and employees in the Performance of this Agreement. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Contract psychiatric services will be provided through weekly visits by the psychiatrists to the Detention Center and approximately 8- 10 hours of work per month. For more detail, please see attached Appendix 1 4. Duration of Services a. Term. The term of this Agreement shall be from July 1, 2019 to June 30, 2020. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. Revised 11/19 2 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2019. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Twenty Five Thousand Dollars ($25,000). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County for services performed. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Caitlin Fenhagen, Criminal Justice Resource Department Director) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Professional Liability Insurance for the contract psychiatrist. If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity Revised 11/19 3 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB a. Indemnity. To the extent permitted under the North Carolina Tort Claims Act, the Provider agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Revised 11/19 4 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.oran eg countync. og v/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. £ Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. Revised 11/19 5 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County 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 County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County 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 the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Si and. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. 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:CJRD UNC School of Medicine P.O. Box 8181 UNC Department of Psychiatry Hillsborough,NC 27278 Attention: Melisa Campbell 372 Med School Wing D, CB#7160 Chapel Hill,NC 27599-7160 [SIGNATURE PAGE TO FOLLOW] Revised 11/19 6 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB 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: DOCUSigned by: Dom Signed by: By: 661n,&A, f"MKALYS� By: County Ma 0637994B755E477... 5AFBE2F17976415... Dr. A. Wesley Burks, MD Dean,UNC School of Medicine Vice Chancellor for Medical Affairs Printed Name and Title Revised 11/19 7 DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB Orange County Detention Center Contract Psychiatry Appendix 1 to Services Agreement between Orange County and UNC-Chapel Hill Department of Psychiatry DESCRIPTION OF FUNDING AND SERVICE Beginning in September of 2016,the UNC Center for Excellence in Community Mental Health under the UNC Chapel Hill Department of Psychiatry, began providing psychiatry services at the Orange County Detention Center,which were reimbursed by funding provided to Orange County by Cardinal Innovations. Under the arrangement, UNC psychiatrist Dr. Carol Vanderzwaag ("Dr.V.")was available to assist in assessing and treating individuals with acute psychiatric needs at the Detention Center. Maintenance of Effort ("MOE")funds up to$15,000 were authorized by Orange County for fiscal year 2017/2018. Dr.V worked directly with Dr. Deron Coy,the Detention Center psychologist, and Allison Zirkel, LCSW,from the Orange County Criminal Justice Resource Department ("CJRD"). Dr.V's hours under the original effort projection on which the$15,000 was based were limited to approximately five hours per month. With Orange County's request and acceptance of the services, UNC and Dr. V provided additional hours of service beyond this limit in FY 2017/2018 and they submitted an invoice for an additional $5,000 for consideration. Deputy County Manager Travis Myren authorized the additional payment in fiscal year 2017/2018 with MOE refund funds that are encumbered in the CJRD Contract Services account. In addition, moving into FY 2018/2019,funding for the contract psychiatry services was increased for up to$25,000 annually and will be paid through a County services contract with the UNC Department of Psychiatry. Moving into fiscal year 2019/2020,funding will remain available up to$25,000 annually. (Please note that Dr.V left her position on 6/30/18, but the service and contract continued with psychiatrists working under the supervision of Dr. Robert Gilmore.) REFERRAL All referrals for contract psychiatry services under the Services Agreement will be routed through Dr. Deron Coy and Allison Zirkel. Allison Zirkel will complete an assessment on each inmate approved for psychiatric services prior to the initial meeting with the UNC psychiatrist and will provide this information to the UNC psychiatrist. Referrals may come from the following: Orange County Sheriff's Office and Jail Administration (e.g. Sheriff Blackwood, Chief Deputy Sykes, Major Hawkins, Lieutenant Spear), Orange County Jail Medical Staff(Medical Doctor, Head Nurse, nurse on duty, Psychologists—e.g. Deron Coy, or Donna May), or the Criminal Justice Resource Department (e.g. Pretrial Coordinator Ted Dorsi, CJRD Director Caitlin Fenhagen, or Criminal Case Assessment Specialist Allison Zirkel). Referrals must be made to either: Dr. Deron Coy, 919-280-7381, deron.coy@correctionalbehavioralhealth.com Allison Zirkel,919-245-2304,azirkel@orangecountync.gov A referral does not guarantee that the inmate will be seen by the psychiatrist. The inmate will be screened by the Detention Center Psychologist (currently Dr. Coy) and the CJRD LCSW(currently Allison Zirkel) and then referred to the psychiatrist if appropriate. PSYCHIATRY Upon acceptance of a referral,the psychiatrist will meet with the inmate for further assessment, including to determine whether pharmacological intervention is appropriate. The routine visits will occur on Tuesdays at 3pm. If clinically indicated, the psychiatrist will provide the prescription to the Orange County nurse on duty who will call in the prescription to Southern Health Partners. The prescription, along with any related notes or medical records, shall go in the inmate's chart (located in the jail medical office) so that Detention Center medical staff will have access to this information. The Detention Center will retain these records for at least 6 years from the last date of service and provide UNC with copies of such records upon request, including as may be needed for UNC to {00108261.DOCX} DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB respond to potential claims affecting professional liability for the contract psychiatry services provided. The psychiatrist will let the Orange County psychologist, LCSW, medical staff, and jail officers know whether there are any specific concerns the psychiatrist recommends be closely monitored. Ongoing, open collaboration is expected to be the norm among the Orange County psychologist, LCSW,the psychiatrist, and jail medical staff throughout the provision of psychiatric mental health treatment for inmates in the Orange County Detention Center. DISCHARGE The Orange County LCSW will monitor the inmate's legal and custody status, communicate with counsel, and assure that all pertinent medical information, including prescribed medication, is incorporated into discharge planning as the individual transitions out of the Detention Center. {00108261.DOCX} DocuSign Envelope ID: BA090480-FC7C-4753-AEF2-19BCB43C5FFB The University of North Carolina Liability Insurance Trust Legal Department Telephone:(984)974-3041 UNIVERSITY OF NORTH CAROLINA HOSPITALS Facsimile:(984)974-6285 101 Manning Drive,2nd Floor,Wing E Chapel Hill,NC 27514 CONFIRMATION OF INSURANCE COVERAGE FOR PROFESSIONAL LIABILITY This Confirmation of Insurance Coverage is being issued specifically to verify professional liability coverage for the referenced insureds while practicing within the scope of their employment responsibilities during the dates of coverage noted. This information should be treated confidentially. INSURED: John H. Gilmore Jr., MD DATES OF COVERAGE: 07/01/2019 — 06/30/2020 NAME OF CARRIER: UNC Liability Insurance Trust Fund AMOUNT OF COVERAGE: 07/01/2019 — 06/30/2020 Covered individuals are subject to a limit of$3 million per medical incident. The total limit of liability per medical incident for all covered parties is $7 million per medical incident. All coverage is limited to medical incidents that occur in the United States of America. CURRENT POLICY TYPE: Occurrence basis POLICY NUMBER: Not applicable Completed by: 2/26/2020 Date: Stephenie Fenton-Wilhelm Associate V.P. of Risk Management, Accreditation & Regulatory Affairs University of North Carolina Hospitals and the School of Medicine of the University of North Carolina at Chapel Hill