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HomeMy WebLinkAboutAgenda - 09-28-2017 - Attachment B - Orange County Schools Supplemental InformationMeeting Date: September 28, 2017 AGENDA ITEM No. ACTION ITEM: (Y/N) SUBJECT: Information from Orange County Schools on Specific Agenda Topics INFO. CONTACT: Dr. Todd Wirt, Superintendent PHONE: (919) 732-8126 ATTACHMENTS: 1. State Mandated Class Size Impacts 2. Bond Project Fund Allocations 3. Intergovernmental Agreement with Orange County 4. Agenda July 25, 2017 SRO Symposium PURPOSE: To provide information to the Boards of Education and County Commissioners to facilitate discussion during the September 28 joint County-Schools meeting. BACKGROUND: Class size See Attachment 1 regarding class size legislation impact for Orange County Schools. Living Wage Orange County Schools was recognized as an Orange County Living Wage Employer beginning in FY2016 and continues to offer living wage to its employees as prescribed by Orange County. In addition, the State's FY2018 budget included funding ear-marked for increasing bus driver pay statewide. OCS received approximately $112,862 for its drivers. On September 11, the Board, of Education approved a salary schedule for bus drivers that increases driver pay by an average of ninety cents ($0.,90) per hour, making driver pay in Orange extremely competitive with surrounding districts. With this change, all drivers exceed the current living wage level and approximately 27% of drivers exceed $15 per hour. OCS currently contracts with a private firm for custodial service at nine of its 13 schools. An Alternate Bid obtained during the initial solicitation in 2016 would have increased the bid cost over $245,000 for the bidder to pay all employees a wage commensurate with Orange County's living wage at that time. Funding constraints prohibited the award of the Alternate Bid. Recent discussions have challenged District staff to consider options to the contract service delivery model. Preliminary cost data indicates a minimum of $500,000 additional funding would be required to support an all OCS staff custodial service. County Commissioners are aware of the OCS Board of Education's desire to continue to honor its employees through a living wage commensurate with that set by the County. However, the Board of Education is concerned about the long-term viability of meeting the $15 /hour living wage intended for FY2018 given funding constraints anticipated in the FY2018 budget, 4 Bond Promects (see Attachment .Q • Orange High School Geothermal HVAC project • Reece Noland and McElrath, Inc. has been retained to design the project • Test wells are in process to determine conductivity of soils • Multi-year project • Cedar Ridge High School Classroom Wing • Corley Redfoot Architects, designed the original school building and has been retained to also design this classroom addition. • Project design is on-going. • Occupancy anticipated for beginning of school year August 2020. • Other bond projects related to infrastructure replacement are reflected on the attached schedule in the year in which commencement is expected. • Bond projects are aligned with planned bond sale cash flow requirements. Student Resource Officers (SROs) OCS has a long-standing relationship with the Orange County Sheriff's office to provide SROs in all of its schools. The current agreement with Orange County to fund such services is attached (Attachment 3). SROs in each school partner with the school administration to provide a safe campus. They maintain full certification as a law enforcement officer while assigned as an SRO and may provide law enforcement duties as appropriate and called for on the school campus. SROs :serve as positive role models for parents and students and are called upon to assist in a variety of interactions with both groups. They are an integral part of the school community fabric. District OCS staff periodically holds sessions with staff and SROs to enhance this relationship and ensure clear understanding of roles. An agenda of the July 25, 2017 session is attached for your information (Attachment 4). Mental Health Resources As with any school system, OCS experiences challenges with supporting the mental health needs of its students and school community. While there is much work to be done in this area, students are currently supported through: • Contract with LCSW: Orange County Schools contracts with a Licensed Clinical Social Worker. The social worker's role in the district is as follows: provide therapeutic support to the 3 Special Education classes for students with behavioral concerns, provide staff development for social workers and school counselors and work with students/school teams on strategies for managing behavior effectively • School Based Mental Health: Within the next month, OCS will enter into an MOU with a new vendor partner. This provider accepts clients on Medicaid as well as some private services providers (BCBS is one of insurers accepted). Additionally, this new agency has providers that can provide substance abuse counseling if the district wants to engage in that service as well. In addition, parents are provided a handbook with comprehensive service providers and service descriptions as prepared by Mental Health of America of the Triangle for Orange, Person and Chatham Counties. FINANCIAL IMPACT: none RECOMMENDATION(S): Receive as information. 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" Attachment 3 North Carolina Agreement for School Security Services and Nursing Services Orange County This Intergovernmental Agreement ("Agreement") is entered into this q _;rg day Of 5 ?-ab_N_9Z2616 by and between Orange County ("County"), a political subdivision of the State of North Carolina, Orange County Schools ("OCS"), a Local Education Agency of the State of North Carolina, and Chapel Hill Carrboro City Schools ("CHCCS") a Local Education Agency of the State of North Carolina, for the purpose of providing school security services and school nursing services to the students in both school systems, OCS and CHCGS may be referred to collectively herein as "School" or "Schools," Whereas both the County and the Schools mutually agree that the purpose of providing school security services and school health nursing services is to promote the optimal safety, health, and well-being of all students In the local public schools, and Whereas, both the County and the Schools mutually agree that the long-term purpose of these funds is to provide security services and full-time nursing services to each public school in the system. NOW, THPIREFORE, in consideration of the mutual covenants and conditions and any sums to be paid, the County and the Schools agree as follows: 1. Ito. This Agreement shall be in effect for the period July 1, 2016 through June 30, 2017.' 2. The County agregs,- a. To reimburse OCS for actual expenditures in the provision of school security services and school nursing services during the 2016-2017 academic school year and consistent with the County's adopted fiscal 2016-17 Budget. b. To reimburse CHCCS for actual expenditures in the provision of school security services and school nursing services during the 2016-2017 academic school year and consistent with the County's adopted fiscal 2016-17 Budget. c. The funds shall be paid quarterly upon submission of an invoice from the Schools detailing itemized costs. The County shall pay the Schools within thirty (30) days of receipt of the Schools' itemized invoices for school security services and school nursing services, Any adjustments to the invoice shall be taken into account in the next succeeding invoice or as soon thereafter as reasonably practicable. d. The funds may be used in their entirety only to reimburse the direct costs of providing school security services and school nursing services, e. That County shall have and exercise'no administrative or supervisory authority over any school security services or nursing services employees or contractors, 3. The Schools agree: a To use the County funds provided as part of this Agreement solely to provide school security services and school nursing services within individual public schools during the 2016-2017 academic school year. No portion of the funds will be used to support school security contractors or personnel or nurse contractors or personnel with a purely supervisory or administrative role, -J b. To maintain, through employment or through contracts with the Chapel Hill and Carrboro Police Departments and Orange County Sheriff, or other appropriate law enforcement agencies, school resource officers in all public middle and high schools within the school district. c, To maintain, through employment or through contracts with appropriate agencies, school nurses in or available to all public elementary, middle, and high schools within the school district. d. To submit an itemized invoice to the County quarterly on or about October 15, January 16, April 15, and June 20 specifying school security services and school nursing services costs for the submission period. e. To secure, at their own expense, all security and nursing personnel or contractors required for the diligent performance of the services required pursuant to this Agreement. Such security and nursing personnel or contractors shall not be supervised by or contractors of the County unless the Schools in a separate agreement contract with a County department to perform the services, All personnel and contractors engaged in work under this Agreement shall be fully licensed and qualified and shall be authorized or permitted under state and local law to perform the services for which they are employed or contracted. To inform the County of the employment of or contract for security personnel or contractors and nurse personnel or contractors. In the event of termination, whether voluntary or involuntary, to inform County of the date of termination or termination of the contract together with evidence demonstrating the school security and school nursing services continue to be provided at the same level, as prior to the termination or termination of contract. g. To ensure that each'security officer or nurse employed or contracted in relation to this Agreement is and remains current in his/her sworn law enforcement officer certification and/or lice!nsure as a Registered Nurse in good standing with the State of North Carolina and any local or federal requirements. h. That it shall obey all state and federal statutes, rules, and regulations applicable to provisions of the services called for herein. 1. To pay all contractors and/or employees providing the services set out in this Agreement, at a, minimum, a Living Wage as that term is defined in the currently adopted Orange County Budget Ordinance, j. To provide security services supervision and nursing supervision within the School or through a contract. k. To, upon request by the County, grant County access to all accounts, books, and records related to the provision of school security services and school nursing services. 4. Indea]nily. The Schools, 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 any act, omission, or failure to act by the school security services personnel or contractors or the school nursing services personnel or contractors. It is the intent of this Paragraph that each School indemnify the County to the fullest extent permitted by law. For purposes of this Paragraph each School shall be responsible for any acts, omissions, or failures to act and associated costs and fees within its own district. Insurance. Schools shall provide, or cause to be provided, insurance covering professional liability of nursing personnel or contractors of at least one million dollars ($1,000,000) and such'general liability 0 insurance as shall be required by the Orange County Risk Manager. 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 OLA9s nment. The Schools 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. RelationshI12 of the Parries.. The School is an independent contractor of the County. The Schools and their employees, agents, and contractors are not, and shall not be determined to be, officers, employees, contractors or agents of County, 9. Termination. Any party may terminate this Agreement with or without cause upon ninety (90) days' written notice. a. Any 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. If the terminating party is either School, upon receipt of an itemized invoice, the School shall be paid that portion of the fees and expenses directly related to the services provided for by this Agreement that it has incurred up to and including 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, its employees, agents, or contractors. If the terminating party is the County both Schools may submit Invoices for costs directly related to the services provided for by this Agreement. Such invoices shall only include costs for services up to and including the date of termination. The County shall pay such costs for services less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Schools, their employees, agents, or contractors. 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 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 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- Discrimination. To the extent authorized by law Schools shall not discriminate against any school security services or nursing services personnel or contractors based on age, race, ethnicity, color, national origin, religion, creed, sex, gender, gender identity, gender bxpresslon, marital status, familial status, source of income, disability, political affiliation, veteran status, or disabled veteran status. 13. Non-Appropriation. Schools acknowledge 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 14, County immediately upon written notice to School of the unavailability and non - appropriation of public funds. Such non-appropriation is not and shall not be determined, to be a termination of the Agreement pursuant to Paragraph 9 above. 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 aacflon, 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, Notices. Any notice required by this Agreement shall be r In writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attn: County Manager 200 S. Cameron Street Hillsborough, NC 27278 OCS I Attn: Superintendent 200 East King St Hillsborough, NC 27278 CHCCS Attn: Superintendent 750 S. Merritt Mill Road Chapel Hill, NC, 27516 Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Schools and supersedes all prior negotiations, representations or agreements, either written or oral. Thiv Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. [SIGNATURE PAGE TO FOLLOMq 4 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities and this Agreement shall be effective as of the date first set out above, For and on behalf of Orange County Government: Bonnie Hammersley, County&nager Date This In 'ffuTer . _ pas beln preaudited in the manner required by the Local Government Budget and Fiscal Chief Financial Officer Por'and on behalf of the County Schools: � q Ize 1� To-did Wirt, 9-u—perrinfe-ndent Date Orange County Schools This * trument ha-5 been preaudited in the manner required by the School Budget and Fiscal Control Act Rhonda Rath Interim Finance Officer For and on behaff of the Chapel Hill Carrboro City Schools: Jim Causby, interim Superintendent Date Chapel Hill Carrboro City Schools This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act Ruby Pittman, Finance Officer w ATTACHMENT 4 r .�\ . 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