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Home My WebLink About2017-493 Health - Youth Tobacco Use Prevention Program I►� [4t\, ORANGE COUNTY HEALTH DEPARTMENT Improving health, Inspiring change. Memo of Agreement-2017-2018 School Years Program:Youth Tobacco Use Prevention Parties: Chapel Hill Carrboro City Schools and the Orange County Health Department 1. Chapel Hill Carrboro City Schools (CHCCS)agrees to: • Provide institutional support for proven tobacco cessation programs,e.g.-ASPIRE (A Smoking Prevention Interactive Experience)web-based curriculum which now includes information on e-cigarettes and hookah,in middle and high schools. This support will include,but is not limited to: - Informing students and teachers of the programs; - Having at least one trained tobacco cessation facilitator at each school responsible for attending trainings and meetings,maintaining the programs,and helping to recruit additional facilitators as needed; - Offering an alternative to suspension(ATS) program to students caught for the first time in violation of the tobacco policy; - Having each principal or his/her designee record each tobacco policy violation and keep a record of the consequence chosen by each student; - Referring each student who chooses ATS to one of the school's tobacco cessation facilitators; - Keeping Orange County Health Department staff aware of how many participants complete the program,as well as participants'demographics (gender,race,grade etc.) upon request;and - Ensuring that tobacco cessation facilitators monitor completion of the ATS program and notify designated school administrator(s) and district liaison. • Enforce the 100%Tobacco-Free Schools policy,"No tobacco use by anyone,anytime, anywhere on school grounds,"in accordance with CHCCS Board policies (this includes e- cigarettes). • Facilitate distribution of cessation materials and resources to school personnel and staff. • Designate a district-level employee to serve as a liaison between all aforementioned parties and school personnel (superintendent,school administrators,teachers,etc.). • Have at least one TRU Club Advisor at each high school responsible for recruiting youth, planning meetings,facilitating implementation of at least two youth-led tobacco prevention activities,and reminding students about TRU activities. • Provide space for Tobacco.Reality.Unfiltered. (TRU) activities when available. • Coordinate the participation of TRU peer educators in school-sponsored events such as Club Day,minority student fairs,community events,etc.that represent youth-led prevention activities whenever possible. • Provide nominal funding and in-kind resources to supplement school-based activities through selected district level program budgets. • Allow for use of school announcements and media to publicize TRU and tobacco prevention activities. If a cost is associated with the media used the OCHD will pay for the service through department funds. The District Public Information Officer will be 919 245 2400 ) 300 West Tryon Street )► Hillsborough,NC 27278 l orangecountync.gov notified of all press releases,articles,or media submitted to local newspapers, radio,or television outlets related to the program. 2. The Orange County Health Department agrees to: • Train Chapel Hill High School,Carrboro High School,Phoenix Academy,and East Chapel Hill High School students as TRU tobacco use prevention peer educators,as time and resources permit. • Facilitate TRU Club youth in conducting tobacco prevention and cessation educational presentations at middle schools as time and resources permit. • Fund all activities that fall within the purview of TRU and the youth tobacco use prevention program as OCHD funds permit. • Provide technical assistance for compliance with the 100%Tobacco-Free Schools policy and ATS programs in cooperation with the district liaison. • Cover the cost of the stipend for each high school's TRU Club Advisor at$250.00 per semester or no more than$500.00 ($1500.00 total) • Provide supplies and incentives necessary for TRU Club Advisors to conduct youth-led tobacco prevention activities at schools,as resources permit. • Attend Chapel Hill Carrboro City Schools staff meetings as requested. • Meet regularly(at least once per semester) with district-level liaison and provide updates immediately when necessary. • Provide education opportunities for staff on current and emerging lit,smokeless,and electronic tobacco products. 3. Miscellaneous Provisions a. Confidentiality of Student Records. OCHD ("Provider") agrees that all student records, if any, obtained in the course of providing services to the CHCCS under this MCA shall be subject to the confidentiality and disclosure provisions of applicable Federal and State statutes and regulations, and CHCCS policies. All student records shall be kept in a secure location preventing access by unauthorized individuals. Provider will maintain an access log delineating date, time, agency, and identity of any individual accessing student records who is not in the direct employ of OCHD. Provider shall not forward to any person other than the parent or CHCCS any student record, including, but not limited to, the student's identity, without the written consent of the parent and CHCCS. Upon termination of this MOA, OCHD shall turn over to CHCCS all student records of CHCCS's eligible students to whom OCHD has provided services under this MCA. b. Non-Discrimination. The parties hereby agree that,in their respective educational and/or employment practices,neither will discriminate against any person because of race,color,religion,sex,national origin,age,creed or disability.The 2 implementation of this MOA will be carried out in strict compliance with all Federal, State,or local laws regarding discrimination in employment. c. Conflicts. Nothing in this MOA shall act or be interpreted to supersede any applicable provision of State or Federal law and in the event of conflict with an applicable State or Federal law,the State or Federal law shall prevail. The implementation of this MOA will be carried out in strict compliance with all Federal,State or local laws. d. Funding; Nonappropriation. Nothing in this MOA shall be construed to create any monetary obligation on the part of CHCCS to the OCHD,or any right or entitlement on the part of OCHD to any compensation,or request for funding,from CHCCS. To the extent applicable,pursuant to N.C.General Statute 143C-6-8,it is understood and agreed between the parties that any payment obligations of the CHCCS under this MOA is contingent upon the availability of appropriated funds from which payment for contract purposes can be made,and,if payment obligations are made with State funds,upon the availability of appropriated funds that are not State funds. e. Term. The Term of this MOA is from August 1,2017 through June 30, 2018. This MOA may be terminated,without cause,by either party upon thirty(30) days written notice to the other party. This termination notice period shall begin upon receipt of the notice of termination.The parties may agree to renew this MOA upon mutual written agreement. f. Governing Law. This MOA shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this MOA shall be brought in the General Court of Justice in the County of Orange and the State of North Carolina. g. Criminal Background Checks/Sex Offender Registry Checks. OCHD will conduct criminal background checks on OCHD personnel who will have contact with students; or,in the alternative,OCHD will provide sufficient information to CHCCS to conduct such checks. Such checks shall include checks of the State Sex Offender and Public Protection Registration Program,the State Sexually Violent Predator Registration Program,and the National Sex Offender Registry. Such background checks must be completed prior to OCHD assigning any personnel to provide on- campus services to the CHCCS or any services to CHCCS students. OCHD shall not allow any person to provide on-campus services to the CHCCS or services to any CHCCS students if such person has been convicted of(1) a felony,or(2) any crime, whether felony or misdemeanor,that in CHCCS's reasonable judgment(articulated to OCHD prior to the OCHD personnel being assigned to a school),indicates the person may pose a threat to the safety of CHCCS staff or students. Under no circumstances shall any individual who is listed on one of the three sex offender registries listed above have any direct interaction with students at the direction of OCHD. OCHD 3 expressly acknowledges that N.C.General Statute 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense. h. Compliance with Applicable CHCCS Policies. OCHD acknowledges that the Chapel Hill Carrboro City Schools Board of Education has adopted policies governing conduct on CHCCS property and agrees to abide by any and all relevant CHCCS policies while on CHCCS property. i. Assignment. Neither party shall assign,subcontract,or otherwise transfer any interest in this MOA without the prior written approval of the other party. L Liability. Each party agrees to assume liability for its own acts or omissions,or the acts or omissions of their employees,agents,and volunteers,during the term of this MCA. k. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. By signing below,each party states that they will fulfill the agreements stated above during the 2017-2018 school years to continue sustainability of TRU activities. Dorothy Cilenti,DrP ,MSW, MPH Date Pam Baldwin,PhD Date Interim Health Director Superintendent Orange County Health Department Chapel Hill-Carrboro City Schools Cc: Scarlett Steinert,Director,Healthful Living&Athletics,Chapel Hill-Carrboro City Schools April Richard,Senior Public Health Educator,Orange County Health Department Beverly Rudolph,Principal,Carrboro High School Sulura Jackson,Principal,Chapel Hill High School Eileen Tully,Principal, East Chapel Hill High School John Williams,Principal,Phoenix Academy High School Monica Bentz,Principal,Culbreth Middle School Bob Bales, Principal,McDougle Middle School 4 Drew Ware, Principal,Phillips Middle School Stephon Goode,Principal,Smith Middle School 5