HomeMy WebLinkAboutAgenda - 10-03-2005-5oORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2005
Action Agenda
Item No. .5- D
SUBJECT: Approval of Plan to Replace Services Previously Offered by Sheaffer House
DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Caring Family Network Contract
OPC/DSS Contract
INFORMATION CONTACT:
Nancy Goston, ext 2802
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-2000
PURPOSE: To receive information about the community's plans far serving children with
emergency placement needs and to consider a request to transfer the funds appropriated in the
otatside agency budget for Sheaffer House to the Social Services budget, These plans reflect
the agencies' intent to ensure that services are comprehensive, family-based and provided in
their respective local communities,
BACKGROUND: On July 25, 2005, county agencies received information that Sheaffer House,
a local program that provides short-term residential services for youth would be closing, This
program, operated by Lutheran Family Services, has had several locations throughout the years
but most recently had been located in Chapel Hill, During last year, the program provided
services to approximately thirty children who stayed at the program for up to 90 days each. All
children who stayed at Sheaffer House were referred by either the Department of Social
Services or by the NC Department of Juvenile Justice/Delinquency Prevention.
In June, agencies were informed that Sheaffer House had mold that needed to be abated and
that the abatement would require that the program close temporarily, Social Services made
arrangements to relocate the children who were being served at the home, The original
estimate was that the abatement work would require 2-3 weeks but as the work began other
issues were discovered at the home. A crack in the foundation was discovered which would
have required considerable costly repairs and at that time Lutheran Family Services decided to
close the home permanently, County agencies were informed of this decision on July 25, 2005,
Sheaffer House had been providing a very valuable service to families in Orange County, By
providing services locally, the program had allowed children to remain in contact with their
families and their school systems. The program often provided services to prevent detention or
foster care for children who needed short-term intervention, It also provided immediate services
when children were waiting for other services such as those provided by mental health,
The closing of Sheaffer House created an immediate need to develop alternative services for
the children historically served there, A meeting was held on July 27, 2005, with
representatives from social services, juvenile justice, mental health, and the county manager's
office to discuss possible short and long term solutions to address this need. This group has
continued to meet and has explored possibilities for local services including the use of
therapeutic homes. Durham County has developed such a program that receives very positive
feedback from its social services, mental health, and juvenile court agencies. Based on the
information gathered by the Orange County group, a set of recommendations was developed:
1, Social Services and OPC should each pursue immediate contracts with Caring Family
Networks, the same provider used by Durham County, for their specific needs for
emergency care. Since all of the court counselors' clients are also mental health clients,
their needs will be addressed through the mental health contract, Social Services would
need a separate contract for children who are not part of the mental health system,
Caring Family Network has estimated that it could provide some availability in nearby
counties within two months of signing a contract and resources in Orange County in
about five months.
2. The Community Collaborative, a group representing these agencies as well as others
involved with planning for mental health services far children, will organize a meeting of
all providers to assess the capacity for mental health developing more therapeutic
resources in Orange County, This goal is broader than just providing emergency care.
3. Social Services will contract with OPC for apart-time liaison like the one used by juvenile
court counselors. This will expedite referrals far mental health services and may prevent
the need for as many emergency placements by Social Services.
4, Social Services will continue to use any available resources to serve its children during
the development period, This has and will continue to result in children being placed out
of the county and in additional costs for Social Services.
Progress has already been made on several of these recommendations, Staff from OPC are
already pursuing a contract for emergency services and hope tc be able to use existing mental
health and Medicaid funds, Some of the Justice Partnerships funds may be needed to support
their efforts. The meeting with providers to develop a broader range of services in Orange
County has already been scheduled. The Commissioners are being asked to take actions that
will allow for the implementation of the other recommendations,
Social Services is requesting to use a portion of the funds previously designated for Sheaffer
House to fund a contract between the County and OPC to provide apart-time liaison (employed
by OPC) to assure that children who have mental health issues are identified earlier and receive
appropriate services so as to avoid any unnecessary emergency situations and placements.
The costs for this half time position for the remainder of the year would be $18,206.
In addition, Social Services proposes to enter into a contract with Caring Family Network, the
nonprofit organization currently serving Durham County, to provide emergency services in
Orange County. The contract for emergency placements is expected to cost $89,568 for this
year, starting with two homes in November and two additional homes in February. The costs
include a retainer fee of $10,000 per year for exclusive availability of each home and the
average daily costs of $80 plus the established board rate for each child. Although this is an
expensive service, the costs currently charged by some of the emergency shelters used by
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Social Services have been over $150 per day. Social Services will also be able to seek federal
reimbursement for some of these charges far eligible children.
Social Services has and will continue to use various resources, mostly in programs outside of
Orange County, to care for children until these services can be developed locally, Providing for
these children has added costs to the foster care line item. Given the costs experienced to
date, Social Services is expecting to need at least $57,226 to pay these additional expenses.
Social Services anticipates that the overall costs for caring for children will be higher during this
first year of transition and expects the casts to decrease some in subsequent years, If the work
with OPC is effective, there may not be a need for all four emergency homes and Social
Services would reduce these costs far Fiscal Year 2006-2007, With some experience with this
type of contract, Social Services also expects to be able to draw revenues for the care of some
of the children placed through the contract. After the program becomes operational, a better
picture of these revenues will be available,
Community agencies have worked together effectively during this crisis and all support this
effort as an effective and appropriate approach to serving Orange County children,
FINANCIAL IMPACT: The Social Services funding request totals $165,000. As outlined
above, this amount would provide funding for the liaison contract with mental health, the
contract with Caring Family Network, and the additional monies to cover the interim increase in
the foster care budget. The approved budget far the County's contribution to Sheaffer House
for the current fiscal year totals $165,000 and no funds have been expended from the account
to-date. (The $165,000 budget does not include any of the funds appropriated through the
Justice Partnership.) It is important to Hate that if local foster care resources cannot be
developed quickly, additional funding may be required as the fiscal year progresses, Funding in
future years would be addressed through the Department of Social Services budget,
RECOMMENDATION(S): The Manager recommends that the Board approve the
recommendations of the work group, transfer $165,000 from the outside agency fund to the
Social Services budget, approve the contract between Social Services and OPG for the liaison
position and between Social Services and the Caring Family Network far emergency placement
services and authorize the Chair to sign the contracts after review by the County Attorney and
County Staff.
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NORTH CAROLINA
ORANGE COUNTY
SERVICE CONTRACT
Youth Development Corp. of America dba
Caring Family Network
THIS CONTRACT is made and entered into this ls` day of Julv, 2005, by and between the Orange
County Department of Social Services, apolitical subdivision of the State of North Carolina,
(hereinafter referred to as "DEPARTMENT"), and Youth Development Corp. of America dba Caring
Family Network, a corporate duly authorized to do business in the state of North Carolina, SS/EID# 31-
1031968, (hereinafter referred to as "CONTRACTOR").
1. SCOPE OF SERVICES
CONTRACTOR hereby agrees to provide the services and/or materials under this contract pursuant to
the provision and specifications identified in "Attachment I" (hereinafter collectively referred to as
"Services"). Attachment I, is hereby incorporated herein and made a part hereof.
2. TERM OF CONTRACT
The Term of this Contract for services is from 7/01/05 to 6/30/06.
This Contract is subject to the availability of funds to purchase the specified services and may be
terminated at any time during the Term upon thirty (30) days notice in the event such funds become
unavailable.
3. PAYMENT TO CONTRACTOR
CONTRACTOR shall receive from DEPARTMENT an amount not to exceed Eighty-nine Thousand
Five-Hundred and Sixty-eight ($89,568A0) as full compensation for the provision of Services,
DEPARTMENT agrees to pay CONTRACTOR at the rates specifed for Services, performed to the
satisfaction of the DEPARTMENT, in accordance with this Contract, and Attachment h Unless
otherwise specified, CONTRACTOR shall submit an itemized invoice to DEPARTMENT by the end of
the month during which Services are performed. Payment will be processed promptly upon receipt and
approval of the invoice by DEPARTMENT.
4. INDEPENDENT CONTRACTOR
DEPARTMENT and CONTRACTOR agree that CONTRACTOR is an independent contractor and
shall not represent itself as an agent or employee of DEPARTMENT for any purpose in the performance
of CONTRACTOR's duties under this contract. Accordingly, CONTRACTOR shall be responsible for
payment of all federal, state and local taxes as well as business license fees arising out of
CONTRACTOR'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..
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5. INSURANCE AND INDEMNITY
To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold
harniless 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 CONTRACTOR'S performance of this Contract or the
actions of the CONTRACTOR or' its officials, employees, or contractors under this Contract or under
contracts entered into by the CONTRACTOR in connection with this contract. This indemnification
shall survive the termination of this Contract.
hr addition, CONTRACTOR 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, CONTRACTOR shall maintain, at its expense, the following
minimum insurance coverage:
$1,000,000 per occurrence/$2,000,000 aggregate-Bodily Injury Liability, and
$ 100,000-Property Damage Liability, or
$1,000,000 per occurrence/$2,000,000 aggregate-Combined Single Limited Bodily
Injury and Property Damage
CONTRACTOR, 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.
6. HEALTH AND SAFETY
CONTRACTOR 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.
7. NON-DISCRIMINATION IN EMPLOYMENT
CONTRACTOR shall not discriminate against any employee or applicant for employment because of
age, sex, race, creed, national origin, or disability, CONTRACTOR 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
CONTRACTOR 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 may be
canceled, terminated or suspended in whole orrn part by DEPARTMENT, and CONTRACTOR maybe
declare ineligible for further DEPARTMENT contracts..
8. TERMINATION OF AGREEMENT
This Contract may be terminated, without cause, by either pazty upon thirty (30) days written notice to
the other party.. This termination notice period shall beginning upon receipt of the notice of termination.
Such a termination does not bar either party from pursuing a claim for damages for breach of the
contract.
This Contract maybe terminated, for' cause, by the non-breaching party notifying the breaching party of
a substantial failure to perform in accordance with the provisions of this Contract and if the failure is not
corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall
be entitled to such additional rights and remedies as may be allowed by relevant law.:
Termination of this Contract, either with or' without cause, shall not form the basis of any claim for loss
of anticipated profits by either party.
9. SUCCESSORS AND ASSIGNS
CONTRACTOR shall not assign its interest in this Contract without the written consent of
DEPARTMENT. CONTRACTOR has no authority to enter into contracts on behalf of
DEPARTMENT.
10. COMPLIANCE WITH LAWS
CONTRACTOR 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.
11. NOTICES
All notices which maybe required by this conhact or any rule of law shall be effective when received by
certified mail sent to the following addresses:
ORANGE COUNTY
DEPARTMENT OF SOCIAL SERVICES
ATTN: NANCY COSTON
300 TRYON STREET
HILLSBOROUGH 27278
TELEPHONE: 245-2800
CONTRACTOR
ATTN: STAGY EVA CARIAS
1415 WEST NC HIGHWAY 54 #101
DURHAM, NC 27707
TELEPHONE: 402-0120
12. AUDIT RIGHTS
For all Services being provided hereunder, DEPARTMENT shall have the right to inspect, examine, and
make copies of any and all books, accounts, invoices, records and other writings relating to the
performance of said Services, Audits shall take place at times and locations mutually agreed upon by
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both parties. Notwithstanding the foregoing, CONTRACTOR must make the materials to be audited
available within one (1) week of the request for them..
13. DEPARTMENT NOT RESPONSIBLE FOR EXPENSES
DEPARTMENT shall not be liable to CONTRACTOR for any expenses paid or incurred by
CONTRACTOR, unless otherwise agreed in writing.
14. EQUIPMENT
CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies
required to provide Services hereunder, unless otherwise agreed in writing.
15. ENTIRE AGREEMENT
This Contract and the attached document labeled "Attachment I" shall constitute the entire
understanding between DEPARTMENT and CONTRACTOR and shall supersede all prior
understandings and agreements relating to the subject matter hereof and may be amended only by
written mutual agreement of the parties.
16. SPECIFIED ATTACHMENTS
Attachment l: Services
17. 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:
Youth Development Corp. of America dba Caring Family Network
By:
Title:
(SEAL)
Date:
(Federal Tax ID#)
Orange County Department of Social Services
By:
Title:
Date:
Chair, Social Services Board
Chair, County Commissioners
Date:
Date:
ATTACHMENTI
Services to be provided under this contract are as follows:
The Contractor will provide emergency therapeutic family care for children referred by the Department.
Except for as specified in mutual protocols, all children referred by the Department will be served., The
Contractor will meet all licensure and regulatory requirements of the State of North Carolina related to
the care of foster children or other children needing placements.. Placements of children will occur in
Orange County unless other placement options have been approved in advance by the Department,
The Depaztment will provide compensation for services at the following rates:
The amount of $10,000 per year will be paid for the availability of each individual placement
The amount of $90 per day will be paid for the first three days of service for each individual child
The amount of $80 per day will be paid for all days after the first three days of individual placement
For children in Social Services custody, the applicable state approved board rate will also be paid for
each day ofplacement. For children not in Social Services custody, no additional fee will be paid.
The Department of Social Services will determine its need for availability. Initial request will be for two
placements with the possibility of adding two additional placements during the contract period. The
Depaztment may reduce the number of available placements with 60 days notice,
to
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),
or'the purchase of'specific activities as described therein. This contract is subject to the provisions of'all
applicable Federal, State, County laws, regulations, policies and standards.. This contract shall consist of this
document and any specified attachments in Section XVII on page 6,
SECTION I: Effective Period
This agreement shall be in effect from October 1, 2005 through June 3Q 2006.
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
3. Accept fiscal responsibility for deviation from the terms of this contract as a result of acts of the
Department or any of its officers, employees, agents or representatives, and
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 served by the Department have access to all needed services including early
identification and time-critical intervention; and
3.. Attend staffings and other meetings at the Department to assure that Department staff' and 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 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. Accept fiscal responsibility for deviations from the terms of this contract as a result of acts of the Provider
or any of its officers, employees, agents or representatives; and
7. Maintain fiscal books, record, documents and other evidence which reflect all direct and indirect costs
expended under this contract; and
8. Comply with all laws, regulations policies and standards applicable to the program under' contract; and
9. 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
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l0.. Agree to participate in program, fiscal and administrative monitoring or audits, making records and staff
time available to Federal, State and county staff; and
11. 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
12. 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 program operations; and
13 Restrict the use or disclosure of information obtained in connection with the administration of
North Carolina's programs for the provision of services concerning applicants for and recipients of those
services to purpose directly connected with the administration of the service program; and
14. Furnish information to the Department, as requested, 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 contract or approved supporting information for review and approval by the
Department; and
15. 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; and
SECTION III: Access to Records
All fiscal and program records are to be retained for tluee years after final payment or until all audits
continued beyond this period are completed, In the event the Provider dissolves or otherwise goes out of
existence; records produce under this contract will be turned over to the Department. These records shall be
subject 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 an the Department shall be liable for the act of omissions of their respective employees in the
performance or service covered under the terms of this contract to the extent permitted by applicable law,
The Provider is and shall be deemed to be an independent conhactor in the performance of this contract and
agrees to indemnity and save harmless the Department 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 this 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
The Deparhnent may duplicate, use and disclose all data delivered under this contract. The Provider may
copyright data generated as a result of the contract; however, this data shall not be marked for profit by the
Provider, Additionally, the Provider grants to the Department a royalty fee, non-exclusive, irrevocable
license to publish, translate, reproduce, deliver, perform and dispose of'all data now or hereafter covered by
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such copyright.. With respect to data not originated in the performance of this contract, 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
Treatment of assets acquired under this contract shall be subject to the following.
A. Ownership of properly purchased by the Provider under the terms of this contract for which
reimbursement by the Department is based upon the actual purchase cost of the property shall
immediately vest with the Department upon such reimbursement..
B, The Department shall have no claim to property purchased by the Provider under the terms of this
Contract for which reimbursement by the Department is based upon on approved depreciation schedule or
use allowance. Interest charges on rented/leased equipment are not reimbursable.
SECTION IX: Administrator for the Contract
The persons named below shall be administrators for the respective parties 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 Department: For the Provider:
Nancy Coston, Director
Orange County Department of Social Services
P. O. Box 8181
Hillsborough, NC 27278'
(919)245-28001
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 October 1, 2005 through .Tune 30, 2006 shall
not exceed $18,206.
SECTION XV: Termination
This contract, in whole or in part, may be canceled at any time:
A. By either party, with cause, upon at least thirty (30) days notice, in writing, and delivered by
registered mail with return receipt requested, or in person; or
B.. By the Deparment in the event funds which have been allocated by the Division of Social Services
Are eliminated or reduced to such an extent that, in the sole determination of the Department,
continuation of the obligations at the levels stated herein may not be maintained. The obligations of
each party shall be terminated, to the extent specified in the notice of termination, immediately upon
receipt of nofice of termination from the Depaztment; or
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C. By the Department if the Provider: (I) is determined to be in violation of terms of this eonfract
and/or' applicable Federal, State, and County laws, regulations and policy; and/or (2) fails to maintain
program certification or licensure; or
D, By mutual consent of both parties,
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
Department 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. Reimbursed shall not be made for property or supplies purchased
after the notice of termination is received except as approved by the department..
SECTION XVI: 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
Department 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 WITNESS
By:
Title:
Date:
Orange County Deparhnent of Social Services
By:
Title: Director
Date:
WITNESS
Chair. Social Services Board Date:
Chair, County Commissioners