HomeMy WebLinkAbout2020-448-E Criminal Justice-UNC School of Medicine jail psychiatry servicesRevised 11/19
1
[Departmental Use Only]
TITLE Jail Psychiatry
FY 2020/2021
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 1st day of
July , 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.
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
2
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, 2020 to June 30, 2021.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
3
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, 2020.
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
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
4
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
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
5
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.orangecountync.gov/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.
f. 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.
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
6
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. Signatures. 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 11A 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: Matthew O'Neall
372 Med School Wing D, CB#7160
Chapel Hill, NC 27599-7160
[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
7
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: _________________________________
County Manager
By: __________________________________
Dr. A. Wesley Burks, MD
Dean, UNC School of Medicine
Vice Chancellor for Medical Affairs
Printed Name and Title
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
Revised 11/19
8
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: UNC School of Medicine - Department of Psychiatry Party/Vendor Contact Person:
Matthew O'Neal, Associate Chair of Administration Contact Phone: 919-445-0230 Party/Vendor Address: 372
Medical School Wing D CB # 7160 City Chapel Hill State: NC Zip: 27599-7160 Department: CJRD Amount:
$25,000 Purpose: contract psychiatry Budget Code(s): 10212020-630000 Vendor # 49882 (N/A if new vendor)
Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment
Effective Date 7/1/20 Approved by Board Yes No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed: N/A
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
6/22/2020
6/30/2020
7/1/2020
7/1/2020
{00108261.DOCX} 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 remained available up to $25,000 annually. Finally, moving in to fiscal year 2020/2021, funding will remain at $25,000. (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. John Gilmore. In FY 20/21, the services will be led by CECMH Psychiatric Nurse Practitioner Jamie Smolko and supervised by CECMH Medical Director Dr. Austin Hall ) 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 Jones, 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 DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
{00108261.DOCX} 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 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. DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D
DocuSign Envelope ID: D2AFA1C1-593D-4819-93A1-6DAE879A804D