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HomeMy WebLinkAbout2017-535 Finance - OC/CHCCS - Agreement for School Security Services and Nursing Services Flan CC, North Carolina Agreement for School Security Services and Nursing Services Orange County This Intergovernmental Agreement ("Agreement") is entered into this day of , 2017 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 CHCCS 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, THEREFORE, in consideration of the mutual covenants and conditions and any sums to be paid, the County and the Schools agree as follows: 1. Term. This Agreement shall be in effect for the period July 1, 2017 through June 30, 2018. 2. The County agrees: a. To reimburse OCS for actual expenditures in the provision of school security services and school nursing services during the 2017-2018 academic school year and consistent with the County's adopted fiscal 2017-18 Budget. b. To reimburse CHCCS for actual expenditures in the provision of school security services and school nursing services during the 2017-2018 academic school year and consistent with the County's adopted fiscal 2017-18 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 2017-2018 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. 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 July 1, October 1, January 1, and April 1 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. f. 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 maintain documentation 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 licensure as a Registered Nurse in good standing with the State of North Carolina and any local or federal requirements and to provide that documentation to the County upon request. h. That it shall obey all state and federal statutes, rules, and regulations applicable to provisions of the services called for herein. i. To provide adequate space, computer equipment, and supplies for the designated positions and personnel. j. 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. k. To provide security services supervision and nursing supervision within the School or through a contract. I. 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. Indemnity. 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 2 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. 5. 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 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 or Assignment. 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. Relationship of the Parties. 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, 3 national origin, religion, creed, sex, gender, gender identity, gender expression, 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 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 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. 14. 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 OCS CHCCS Attn: County Manager Attn: Superintendent Attn: Superintendent 200 S. Cameron Street 200 East King St 750 S. Merritt Mill Road Hillsborough, NC 27278 Hillsborough, NC 27278 Chapel Hill, NC 27516 15. 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. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. [SIGNATURE PAGE TO FOLLOAq 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 behy of Orange County Government: Bonnie Hammersley, County Man r Date This instrument as n pre udited in the manner required by the Local Government Budget and Fiscal Control Act Gary Dona son Chief Financial Officer Orange County For a t!m of t o a e County Schools: 2 Todd Wirt, tuperintendent Date Orange County Schools This instrument has been preaudited in the manner required by the School Budget and Fiscal Control Act (;�y A� Rhonda Rath, Finance Officer For and on behalf of the Chapel Hill Carrboro City Schools: 0//,� Pamela Baldwin, Superintendent Date Chapel Hill Carrboro City Schools This instru ent ha e n audited in the manner required by the School Budget and Fiscal Control Act 127- Ruby Pittman, Nnance Officer 5