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HomeMy WebLinkAbout2011-131 Health - Orange County Schools for three full-time nurses to provide nursing services $200,457~ ~ -Please return this Copy to the ~ -~`J" 11 _ Clerk to the Board's office for PAF Ski Agreement for School Nursing Services between the County of Orange and the Orange County Schools July 1, 2011 -June 30, 2012 This Agreement between Orange County ("County") through the Orange County Health Department ("Department") and the Orange County Schools ("School") is entered into for the purpose of providing school nursing services to the students in the Orange County School system ("Agreement"). Whereas both the County 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 Orange County Schools, and Whereas, both the county 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 County and the School mutually agree to continue providing school nursing services as specified in this Agreement and the "Memorandum of Agreement between Orange County Health Department and Orange County Schools," its' amendments 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 Schools agree as follows: Term. This Agreement shall be in effect for the period July 1, 2011 through June 30, 2012. 2. The County agrees: a. To provide funds to the School, to not exceed $200,457, to support to the extent practicable three (3} full time equivalent (FTE) registered nurses for the purpose of providing school nursing services during the 2011-2012 academic school year. b. That the funds shall be paid quarterly upon submission of an invoice from the School specifying personnel costs. The County 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. That the funds may be used in their entirety only for school nurse personnel costs. School Nursing Services Agreement Orange County Schools Orange County Health Department Fiscal Year 2011-2012 Page 2 of 5 d. To assign a nursing supervisor to coordinate the implementation of this Agreement and to initiate the annual development of the Memorandum of Agreement that specifies operating procedures. e. To arrange for and provide at least two continuing education offerings for all nurses in the School during the school year at a mutually agreed upon time, whenever possible, arranging for the sessions so as to minimize time away from the individual school assignments. 3. The School agrees: a. To use the County funds provided as part of this Agreement to provide direct nursing services within individual schools to the extent practicable for three (3) registered nurses during the 2011-2012 academic school year. b. That the funds will be used in their entirety for personnel costs for school nurses only; 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. 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. 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. S:\Managers Working Files\Contracts\SCHOOL CONTRACTS\OCS Contract FY 12\2011-12 Contract for OCS Nursing Services.doc School Nursing Services Agreement Orange County Schools Orange County Health Department Fiscal Year 2011-2012 Page 3 of 5 j. To provide nursing supervision within the School consistent with the annual Memorandum of Agreement. 4. Indemnity. The School shall defend, indemnify, and hold harmless the County, 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 indemnifies the County to the fullest extent permitted by law. 5. Insurance. 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 County annually. 6. Amendments or Modification. This Agreement shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 7. Subcontract or Assignment. 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 County. 8. Relationship of the Parties. The School is an independent contractor of the County. 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. School's personnel shall not be employees of, or have any contractual relationship with the County. 9. Termination. Either party may terminate this Agreement with or without cause upon 90 days written notice. a. Either Party may terminate this Agreement based upon a material breach of this Agreement; provided, the party breaching the Agreement has not taken all reasonable actions to remedy the breach. The party terminating the Agreement shall provide seven (7) days' prior written notice of its intent to terminate this Agreement for cause. b. In the event of termination, the School 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 School. c. The County'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 S:\Managers Working Files\Contracts\SCHOOL CONTRACTS\OCS Contract FY 12\2011-12 Contract for OCS Nursing Services.doc School Nursing Services Agreement Orange County Schools Orange County Health Department Fiscal Year 2011-2012 Page4of5 the terms of this Agreement unless stated to be such in writing, signed by an authorized representative of the County and the School. 10. Intent to be Bound. 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. 11. Governing Law. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 12. Non-Appropriation. School 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 School 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 School of such limitation or change in County's legal authority. 13. 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 Health Department Orange County Schools Attention: Health Director Attention: Superintendent P.O. Box 8181 200 East King St Hillsborough, NC 27278 Hillsborough, NC 27278 14. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Consultant 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. 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. S:1Managers Working Files\Contracts\SCHOOL CONTRACTS\OCS Contract FY 1212011-12 Contract for OCS Nursing Services.doc School Nursing Services Agreement Orange County Schools Orange County Health Department Fiscal Year 2011-2012 Page 1 of 5 For and on behalf of Orange County Government ~ ~~ -, ~ Bernadette Pelissier, Chair Date Orange County Board of Commissioners For and on behalf of Orange County Health Department Approved as to technical content Dorothy Cilenti Interim Health Director Date Ap '' ved form and legal sufficiency ~ 2.~ ,i l Ann tte M. oore, Staff Attorney Dat This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act ~ ~J. ~~, ~ ~ a~ ~~ Clarence Grier, Director Date Financial Services For and on l~ehalf,~the Orange County Schools T/ Patrick Rhodes, Superintendent Date Orange County Schools This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. ~_~~_~f Donna Brinkley, Finance Officer Date Orange County Schools S:\Managers Working Files\Contracts\SCHOOL CONTRACTS\OCS Contract FY 12\2011-12 Contract for OCS Nursing Services.doc