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HomeMy WebLinkAbout2009-057 Health - CHCCS System - Agreement for School Nursing Services~ , -Please return this copy to ~_ Clerk to the Board's office for PAF ~,~ ~ jib/ zvoy Agreement for School Nursing Services between the ~ ~ County of Orange and the Chapel Hill Carrboro City Schools July 1, 2009 -June 30, 2010 This Agreement between the Orange County Health Department (hereinafter referred to as the "Department") and the Chapel Hill Carrboro City Schools (hereinafter referred to as the "School") is entered into for the purpose of providing school nursing services to the students of the Chapel Hill Carrboro City School system ("Agreement") Whereas, both the Department and the School mutually agree that the purpose of providing school health nursing services is to promote the optimal health and well- being of all students in the Chapel Hill Carrboro City Schools, and Whereas, both the Department and the School mutually agree that the long-term purpose of these funds is to provide full-time nursing services to each school in the system; and Whereas, both the Department and the School mutually agree to continue providing school nursing services as specified in the "Memorandum of Agreement between Orange County Health Department and Chapel Hill Carrboro City Schools," its attachments and any updates to the Memorandum of Agreement and attachments, which are hereby incorporated by reference; NOW, THEREFORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the Department and the School agree as follows: 1. The Department agrees: a. To provide funds to the School, not to exceed $430,356, to support six (6) registered nurses for the purpose of providing school nursing services during the 2009-2010 academic school year. b. That the funds will be paid quarterly upon submission of an invoice specifying personnel costs. The Department shall pay the School within thirty (30) days of receipt of the School's invoice; any adjustments to the invoice shall be taken into account in the next succeeding invoice or as soon thereafter as reasonably practicable. c. To reimburse school for funds paid in their entirety for personnel costs for school nurses for services provided in this Agreement; and may include any associated benefits and the local supplement costs. d. To assign a nursing supervisor to coordinate the implementation of this Agreement and to initiate the annual update of the Memorandum of Agreement that specifies the operating procedures for school nursing services. School Nursing Services Agreement Chapel Hill Carrboro City Schools Orange County Health Department Fiscal Year 2009-2010 Page 2 of 5 2 e. To arrange for and provide at least three continuing education course offerings for all nurses in the School during the school year at a mutually agreed upon time, and whenever possible, arranging the sessions so as to minimize time away from individual school assignments. 2. The School agrees: a. To use the Department funds provided as part of this Agreement to provide direct nursing services within individual schools for six (6) registered nurses for a period of ten (10) months during the 2009-2010 academic school year. b. That the funds will be used in their entirety for personnel costs for school nurses only; and may include any associated benefits and the local supplement costs; no portion of the funds will be used to support a nurse with a supervisory role. c. To submit an invoice to the Department quarterly specifying school nurse personnel costs for the submission period. d. That it has or will secure, at its own expense, all nursing personnel required for the performance of this service under this Agreement. Such nursing personnel shall not be employees of or have any contractual relationship with the Department. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Neither the School nor any employee of the School shall be deemed to be an officer, employee or agent of the Department or Orange County Government. e. To inform the Department of the employment of the nurses; and in the event of termination, whether voluntary or involuntary, of the date of termination. f. To maintain documentation that each of the nurses employed under this Agreement is and remains current in his/her licensure as a Registered Nurse in good standing with the North Carolina Board of Nursing; and provide that documentation to the Department upon requested. g. To release all school nurses to attend at least three continuing education events scheduled during the school year at mutually agreed upon times. h. That it shall obey all state and federal statutes, rules and regulations which are applicable to provisions of the services called for herein. \Ucing\depts\HEALTHWIanagers Working Files\Contracts\SCHOOL CONTRACTS\CHCCS Contract FY 1012009-2010 Contract for CHCCS Nursing Services Final Clean Copy.doc School Nursing Services Agreement Chapel Hill Carrboro City Schools Orange County Health Department Fiscal Year 2009-2010 Page 3 of 5 To provide adequate space, computer equipment and supplies for the designated positions through other funds at a level comparable to the support provided to all school nurses supported by the School. To provide nursing supervision within the School consistent with the annual Memorandum of Agreement. 3. The School shall defend, indemnify, and hold harmless the Department, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the school nurses employed by the School but functioning under the direction of the annual Memorandum of Agreement. It is the intent of this Section that the School indemnify the Department to the full extent permitted by law. 4. That School shall provide, or cause to be provided, insurance covering professional liability of nursing personnel of at least $1 million. Proof of insurance shall be submitted to the Department annually. 5. The Department's waiver of any default or breach in compliance with the terms of this Agreement by the School 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 Agreement unless stated to be such in writing, signed by an authorized .representative of the Department and the School. This Agreement shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 6. The School shall not sub-contract out any of the services provided for in this Agreement or make any assignment of this Agreement (including rights to payments) without the prior written consent of the Department. 7. This Agreement shall be in effect for the period July 1, 2009 through June 30, 2010 and is renewable annually thereafter. 8. Either party may terminate this Agreement with or without cause upon 90 days written notice. 9. The parties have read this Agreement, including the Memorandum of Agreement attached and any amendments hereto, and agree to be bound by all of its terms, and further agree that the documents constitute the complete and exclusive statement of the Agreement between the parties. 10. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 11. No provision of this Agreement shall be construed or interpreted as creating a \Ucingldepts\HEALTH\Managers Working FileslContracts\SCHOOL CONTRACTSICHCCS Contract FY 1012009-2010 Contract for CHCCS Nursing Services Final Clean Copy.doc School Nursing Services Agreement Chapel Hill Carrboro City Schools Orange County Health Department Fiscal Year 2009-2010 Page 4 of 5 4 pledge of the faith and credit of the Orange County within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as creating a delegation of governmental powers or as a donation by a lending of the credit of Orange County within the meaning of the Constitution of the State of North Carolina. This Agreement shall and does not directly or indirectly or contingently obligate Orange County Government or the Health Department to make any payments beyond those appropriated in the sole discretion of Orange County for any fiscal year in which this Agreement shall be in effect. No deficiency judgment may be rendered against Orange County in any action for breach of a contractual obligation under this Agreement and the taxing power of Orange County is not and may not be pledged directly or indirectly or contingently to secure any monies due under this Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed on the signature page affixed to this Agreement. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK--------------------- \Ucing\depts\HEALTHWIanagers Working Files\Contracts\SCHOOL CONTRACTSICHCCS Contract FY 1012009-2010 Contract for CHCCS Nursing Services Final Clean Copy.doc School Nursing Services Agreement Chapel Hill Carrboro City Schools Orange County Health Department Fiscal Year 2009-2010 Page 5 of 5 For and on behalf of Orange County Health Department A proved as to tec nical content ~~~ Rosemary ummers, Health Director D e For and o nge County Government Valerie Foushee, Chair Date Orange County Board of Commissioners A r ve s to form and legal sufficiency 1 zti i An ette M. Moore, Staff Attorney D to This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act Clarence Grier, Director Date Financial Services For and on~be~half o~f~th' a Orange County Schools i~~~iL i~~G%~iL~ ~ -/ 2 ~l ~ Neil Pedersen, Superintendent Date Chapel Hill Carrboro City Schools This instrument has been pre-audited in the manner required by the School Budg d Fisc Co trot Act. ~ ~l z >l~le Ruby Pittman, finance Officer Date Chapel Hill Carrboro City Schools \UcingldeptslHEALTH\Managers Working FileslContracts\SCHOOL CONTRACTSICHCCS Contract FY 1012009-2010 Contract for CHCCS Nursing Services Final Clean Copy.doc